The enforcement of 36 administrative licenses will be stopped since July 1st,
2004. Will there be any administration vacuum ever since? A negative answer is
given to our correspondent by Spokesperson Sun Yunshi and Director of the
Legislative Working Committee of the Standing Committee of the Municipal
People's Congress Shen Guoming in the news release conference held by the
Standing Committee of the Municipal People's Congress on June 23rd,
2004.
According to Spokesperson, these 36 administrative licenses are raised
by the administrative bodies themselves upon checking the applicable provisions,
reviewed by the Legislative Affairs Office of Shanghai Municipality and the
Legislative Working Committee of the Standing Committee of the Municipal
People's Congress, and presented to the regular session of the Standing
Committee of the Municipal People's Congress for further review. Legality and
rationality will be given to each cancellation-proposed administrative license.
The administrative license that requires administration by the government will
be followed by substituted measure upon cancellation. No possibility of vacuum
will be given to administration. Administrative management is not equal to
administrative license and has many measures. Upon deduction of administrative
licenses, the government will shift its focus from ex ante facto review and
approval to ex post facto supervision and administration, which means more
administration burdens upon it.
Sun also noted that among those
administrative licenses the enforcement of which is continued, a pretty portion
of provisions involving configuration of licensing subject, conditions and
procedures for licensing, valid term of license, etc. are not perfect, and local
regulations are in need of amendment. For this end, amendment or abolishment of
the relevant regulations shall be bettered subject to the practical situations.
The municipal government shall, in consideration of the annual legislative
schedule and five-year legislative planning by the Standing Committee of the
Municipal People's Congress, raise amendment or abolishment motions to
regulations in question to the Standing Committee of the Municipal People's
Congress for its review and approval. The workload of amendment of regulations
is very heavy, and sometimes upholding, amendment or abolishment of certain
regulations shall be subject to amendment of the relevant upper laws. As a
result, no detailed period for amendment of the relevant regulations can be
nailed down expressly.
Will there occur the license in a disguised form after
adoption of other substitutive management measure? No is the express reply of
this Spokesperson. The reason lies in the fact that there are essential
differences between administration measures adopted at present and
administrative licenses. He also added that assessment mechanism is required for
the public administration of the government. The Municipal People's Congress
will adopt all kinds of measures to continue reinforcement of supervision over
the government's compliance and go-through with the Law on Administrative
Licenses after July 1st, 2004.