The central government has made unprecedented preparations to
ensure that the Law on Administrative Licensing, which went into
effect today, is correctly applied and strictly enforced.
"I have rarely seen any law receiving so much attention from the
government," said Yu An, an administrative law professor with the
School of Public Policy and Management at Tsinghua
University.
Administrative licensing refers to the formal granting of legal
permission for individuals or corporations to engage in special
activities, mainly in those related to business. It is a major
government function exercised by authorities at all levels.
However, overuse of licensing powers has resulted in
infringements on the rights of individuals and business entities
and has hampered the country's efforts to build a market
economy.
The law, passed last August, is intended to ensure the
reasonable use of administrative licensing powers, protect the
interests of individuals and business entities, and promote
efficient administrative management.
The new law will remove many licensing rights from government
departments, Yu said.
The State Council started streamlining administrative licensing
in 2001, when legal experts were still discussing the draft of the
new law.
Since then, nearly half of the country's 3,900 items that once
required licensing have been dropped from the list.
The State Council is expected to release a list of licensing
items that will be retained; items not on the list and with no
basis in law will be considered illegal. People or businesses that
have been illegally forced to pay for licenses will have the right
to sue the administrative bodies at fault.
Professor Ying Songnian, director of the Division of Law at the
National School of Administration (NSA), said that determining the
validity of specific licenses is extremely difficult.
Ying also noted that the government has gone to great lengths to
ensure administrators are aware of the changes. "Almost every
government official above county level has received training on
this legislation."
All vice ministers and vice governors in charge of legal affairs
across the country received four days of training at the NSA
earlier this year.
Ying said such high-profile training on a particular law is
rare. "The process of preparation ensures that governments at all
levels fully understand the important role the legislation will
play in building a law-based administration."
(China Daily July 1, 2004)
