Administrative License Research Articles

On the Principle of Protection of Reliance Interests in Administrative Law

Reliance on the principle of protection of interests first appeared in Germany, the German Administrative Procedure Act of 1976 established the principle as one of the basic principles of administrative law, and since then has undergone continuous development and improvement, and the development and improvement of the principle of protection of interests of the other civil law countries has had a far-reaching impact on the development and improvement of the principle of protection of interests of reliance. China's research on the principle of protection of reliance interests started late, the implementation of the administrative licensing law in 2004, article 8 and article 69 is the first time in China to the principle of clarity, which shows that the Chinese government is committed to transforming the functions of the government, in order to effectively protect the administrative relative of the legitimate interests of the trust. The concept of building a country based on the rule of law in China has put forward higher requirements for government integrity, and the administrative organ should ensure the continuity and stability of its administrative behaviour, guarantee the legitimate expectations of citizens, and maintain the stability of social order. The government's backtracking will cause incalculable damage to the government's credibility and integrity image. The application of the principle of protection of reliance interests in China is not only a necessary element in promoting the construction of a government of integrity in China, but also an important condition for the construction of a modern state of law.

Inequalities in Primary Care Provision in Gwangju Metropolitan City, South Korea

Abstract Background Primary care clinics play a crucial role in community health promotion by facilitating early disease detection and management. The number of these clinics in Gwangju Metropolitan City increased from 931 in 2000 to 2,400 in 2022, but this growth was not evenly distributed within the city. This study aims to examine the spatial inequalities in the distribution of clinics in Gwangju Metropolitan City. Methods This study utilized local administrative licensing data on medical institutions classified as clinics. To estimate healthcare resource imbalances, Lorenz curves and Gini indices for the number of clinics per 100,000 individuals and per square kilometer were calculated by district. Results The number of primary care clinics per 1,000 individuals or per square kilometer was highest in Dong-gu and Seo-gu, while Gwangsan-gu had relatively fewer facilities. In particular, Buk-gu, Seo-gu, and Nam-gu had more than 40% of areas with a high number of healthcare facilities relative to population or area, whereas less than 50% of Gwangsan-gu fell into the lower tier in these categories. The Gini index, used to measure the geographical inequality of healthcare facility distribution, showed a slight improvement from 2000 to 2023. However, Seo-gu and Buk-gu exhibited different trends compared to other districts. Conclusions Geographical disparities in the distribution of primary care clinics in Gwangju Metropolitan City have slightly improved since 2000, but show different patterns by district. Addressing healthcare imbalances is essential for enhancing health equity, requiring multifaceted efforts to mitigate disparities and improve medical service accessibility in underserved areas. Key messages • Significant disparities exist in the distribution of primary care clinics across Gwangju, with higher densities in Dong-gu and Seo-gu, and fewer facilities in Gwangsan-gu. • The Gini index for clinic distribution has improved since 2000, but disparities remain, particularly in Seo-gu and Buk-gu. Continued efforts are essential to reduce healthcare inequalities further.

Digital Transformation in Management Decisions of the Administrative Licensing Procedure in the Russian Federation

One of the forms of realization of public power is managerial decisions that apply to all spheres of public administration. Licensing is the most important administrative procedure. It is aimed at preventing threats and possible damage to economic relations, environmental protection, public health, social relations, defense and security of the state, the potential for which is associated with the implementation of certain types of entrepreneurial activity. This article discusses such a type of management decision, which is aimed at optimizing the management process. Digitalization involves improving and changing the model of the administrative licensing procedure. Special attention is paid to such a digital solution as the implementation of the registry model of a management solution. This made it possible to significantly simplify the administrative licensing procedure, reduce its time, as well as to conduct most of the interaction with the licensing authority remotely. The author notes the positive impact of digital transformation on the management decision-making process in the field of licensing, and also proves that the use of technology has made it possible to increase efficiency and automate most of the management processes in the administrative procedure. In conclusion, the author notes the prospects for the modernization of Russian legislation in the field of licensing and argues for proposals for its improvement.

O-123 Trends and challenges in the practice of ART in China

Abstract China is a large country with a population of over 1.4 billion. In 1988, the first in-vitro fertilization-embryo transfer (IVF-ET) baby was born in Peking University Third Hospital. In the following 3 decades, assisted reproductive technology (ART) has developed rapidly in China, and the availability and accessibility of the ART service have improved markedly. In 2004 totally, only 37 institutions had passed the administrative licensing procedure to carry out ART. While in 2020, 536 institutions obtained the ART license. Since 2016, the total number of ART service cycles(Artificial insemination included)has exceeded 1 million, and the number of babies born has exceeded 300,000, accounting for about 2% of the total live births in China in 2016. At present, assisted reproductive technology has become one of the important medical interventions for the treatment of infertility in China, which has brought good news to infertile couples and their families, and has made great contributions to social harmony and family happiness. Cycles per million population (C/M) in 2009 was 120. In 2020, it has increased to 668, with more and more infertile couples having access to this technique in China. The success rate of assisted reproductive technology remained stable. In 2020, the clinical pregnancy rates (CPR)of conventional IVF and ICSI fresh embryo transfer cycles reached 52.4% and 49.4%, respectively, and the live birth rates were 43.0% and 40.6%, respectively. The clinical pregnancy rate and live birth rate of frozen-thawed embryo cycle were 51.3% and 40.5% per transfer. With the widespread application of embryo freezing technology, the cumulative live birth rate was estimated to reach 49.5% (CLBR estimate) in 2020. The safety monitoring indicators of assisted reproductive technology showed that since 2015, the multiple pregnancy rates of conventional IVF, ICSI and FET have decreased year by year, and have dropped to 22.4%, 21.4% and 17.6% in 2020, respectively. The incidence of moderate-severe ovarian hyper-stimulation syndrome (OHSS) and severe bleeding were also under control, within a reasonable range. Assisted reproductive technology, which involves many medical, social, ethical and legal issues, is a special clinical technology with limit application for medical indication. The Chinese government attaches great importance to the quality and safety management of assisted reproductive technology. A series of management documents such as the Administrative Measures for Human Assisted Reproductive Technology, the Regulations for Human Assisted Reproductive Technology and so forth, have been issued since 2001. Further improvement of key performance indicators (KPIs) correlated with ART quality and safety control is of the top priority and also challenging. In addition, the ART surveillance data in China is still aggregated data, which does not include important indicators such as age stratification, infertile factors or indications and delivery gestational age, maternal and infant outcomes, with some limitations for surveillance. Continuous improvement of data quality, and initiation of cycle-based data collection and security measures of case information are also challenging for the next step.

Red tape reform, transaction costs, and corporate social performance: A natural quasi-experiment in China

The question of how government red tape affects corporate social performance (CSP) has received little attention. Based on the transaction cost and institutional theories, we hypothesize a theoretical link between external red tape and CSP. We employ a natural quasi-experiment based on the gradual rollout in some cities of administrative licensing centers, which aimed to reduce red tape and link these with firm-level charitable donation data from 1998 to 2016. Results show that red tape reform improved CSP by reducing corporate efficiency-based transaction costs and that this facilitating effect is heterogeneous in terms of red tape reform characteristics. Our study advances external red tape research by confirming the positive role of red tape reform in fostering socially conscious stakeholder behavior.

关于政务服务“跨省通办”的思考——以气象行政许可为例

关于政务服务“跨省通办”的思考——以气象行政许可为例

The Innovation of Administrative License under the Background of Governance Modernization

The Innovation of Administrative License under the Background of Governance Modernization

On the Essence and Effect of the Time Limit of Order for Performance in Administrative Litigation —Analysis of the Ferry Administrative License Case of Qidong Fasheng Shipbuilding Engineering Co., Ltd. v. Qidong People’s Government

On the Essence and Effect of the Time Limit of Order for Performance in Administrative Litigation —Analysis of the Ferry Administrative License Case of Qidong Fasheng Shipbuilding Engineering Co., Ltd. v. Qidong People’s Government

How to fully implement legal principles in China's EIA review and approval

This article explores the problems arising out of the EIA review and approval by examining 63 administrative judicial decisions. Each of the 63 administrative judicial decisions have been analyzed in this paper to determine the causes of actions, what the specific claims made by plaintiff and to summarize the features of the relevant cases. The results indicate that, problems arising in the procedure of EIA examination and approval by Chinese local administrative organs mainly consist of insufficient information disclosure, infringement of the public's right to know, violation of public participation provisions, unlawful revocation of EIA permission, delay in review and approval, and failure to perform the examination duties, all of which can be further categorized into following types, that is, deficiency in the EIA information openness and deficiency in procedural justice and legitimacy in respect of the EIA review and approval procedure, which show that the legal principles stipulated in the Administrative Licensing Law of People's Republic of China are ignored in respect of EIA approval. In order to solve these problems, this paper is of the opinion that the Chinese local environmental protection departments should not only abide by the Environmental Impact Assessment Law of the People's Republic of China, but also strictly follow the legal principles stipulated in the Administrative Licensing Law of People's Republic of China, such as the principle of lawfulness of administration doctrine, openness, procedural fairness, reliance protection, supervision, etc., so as to ensure that China's EIA permits are carried out along the track of legalization.

UPAYA PENINGKATAN KREATIVITAS ANAK DI SD NEGERI KARANGPUCUNG 1 DENGAN PELATIHAN SENI DAN BUDAYA

Early childhood has a high curiosity, so attention is needed that is not only pursuing achievement, but learning orientation that develops attitudes and interest in learning and stimulates various potentials and basic abilities of children. Therefore the design of painting activities will be the right choice to be used for creativity during this covid pandemic. This PKM painting activity was carried out at the Cimone Orphan House in Tangerang with presentation of the material and then continued with painting practice. The target of this service program is the elementary and junior high school level as many as 15 (fifteen) people. The implementation was carried out face-to-face (on the spot training) which began with observation and coordination with the management of the orphanage related to the availability of places, the readiness of the orphans and administrative licensing arrangements with the administrators of the orphanage. The method used in carrying out PKM activities is to increase children's creativity, showing examples of pots that you want to decorate / pictures using Microsoft PowerPoint in the form of pictures, playing games with orphans, and asking questions / quizzes. The results of the service to students increase knowledge, insight and creativity of orphans.

Competing logics and reform strategies in local reform: A case study of administrative licensing reform in China

AbstractHow to balance the market and the government to promote local economic development and provide sufficient public services has always been a challenging issue for leaders, in face of the existence of varied interests and values of different stakeholders. Conflicting values between the market and the government are directly related to the competing logics between market orientation and bureaucratic/administrative dominance. Since China's transition from the planned economy or government dominance to marketization in 1978, a series of national and local innovations has been launched. Among those reforms, policy entrepreneurs played a critical role. Administrative licensing reform was one of key changes from the planned economy to the marketized economy. Through a local case in administrative licensing reform, this study explores how a policy entrepreneur at local level applied reform strategies to balance conflicting values and constrain the self‐interested bureaucracy to achieve the marketization reform.

COVID-19 발생이 업종별 창업 및 폐업에미치는 인과 영향 분석

With the outbreak of COVID-19, the world is in unexpected chaos. In particular, the Korean economy, which has a large number of self-employed people, is experiencing enormous damage from COVID-19. The purpose of this study is to analyze the causal impact of start-ups and closures by industry due to the COVID-19 outbreak. For the causal impact analysis, we collected and analyzed 8,312,224 cases of start-up and closure of 190 businesses that occurred on the local administrative license data public site for 11 years from 2010 to 2020. As a result of the analysis of the causal impact of COVID-19, there were 29 industries in which start-ups increased(increase rate 313.14% ∼ 6.39%), 23 industries in which start-ups decreased(decrease rate 70.62% ∼ 11.27%), 21 industries in which closures increased(increase rate 157.55% ∼ 13.57%), and 18 industries in which business closures decreased(reduction rate 49.45% ∼ 12.91%). The industries in which start-ups increased and closures decreased due to the COVID-19 outbreak were disinfection, food transportation, and general sales of health functional food. The industries in where start-ups decreased and closures increased due to the COVID-19 outbreak were youth game providing industry, danran pub business, and general game providing industry. It is expected that the results of this study will help practitioners who manage various infectious diseases to understand the causal impact of infectious disease outbreaks and to prepare countermeasures.

Risk-Based Business License and Problems Arising After The Job Creation ACT

The emergence of the Job Creation Act, one of the aims of creating employment opportunities. In general, the administrative licensing process in Indonesia is a barrier to business transformation. Many licensing processes do not have clear protocols, demanding, lack transparency, and costly. So that the fundamental transformation in the Job Creation Law is the transformation of the business licensing paradigm in Indonesia. Switch from the traditional license-based licensing approach to risk-based licensing. This research aims to reveal how risk-based licensing actually is and what problems can arise in licensing when risk-based licensing is applied. This is a doctrinal study that takes a conceptual and legal approach. The analysis is in the form of primary, secondary, and tertiary legal materials. The data and materials collected were analyzed qualitatively and described by descriptive analysis. This paper concludes that risk-based licensing relies more on a thorough risk analysis. In the implementation of risk-based licensing, the regulator assesses several factors such as business activities, business performance history, and the risk management system in place. Based on these matters, the regulator then places business actors into several groups, according to the level of risk. Risk-based licensing, on the other hand, has a couple of problems. The first issue is ambiguous risk assessment as a result of the omnibus legislative format. Second, the volatile risk hasn’t been taken into account. Third, neither cumulative nor systemic risks have been taken into account. Fourth, there are unanticipated implementation challenges. Finally, there is the possibility of regulatory capture.

Design and Implementation of Special Equipment Administrative License Approval System

Design and Implementation of Special Equipment Administrative License Approval System

Environmental Policy and Compensation in China: An Empirical Analysis of Article Eight of the Chinese Administrative License Law

Abstract In the past few years, China has implemented environmental policies that negatively affected the property interests of numerous private enterprises. This article offers the first systematic analysis of how China compensates enterprises for losses caused by the implementation of environmental laws and policies. It generates descriptive statistics on the characteristics of the compensation cases and finds that in a majority of the cases, the court allowed the government to set compensation below the value of the enterprise’s investment. Statistics also show that China offers weaker protection for private enterprises against newly adopted environmental policies compared to other types of rules or policies, allowing the government to close highly polluting enterprises with relatively low compensation. This article then offers an explanation of the courts’ approach and considers whether Chinese courts achieve an appropriate balance between property protection and policy flexibility.

Необходим е напълно нов устройствен закон за БНР и БНТ

The article comments on the shortcomings of the Bulgarian Radio and Television Act, which affect the legal status of the Bulgarian National Radio (BNR) and the Bulgarian National Television (BNT). It identifies the administrative licensing and registration regimes in relation to public service media as unnecessary, and presents in-depth theoretical and practical arguments for this. The publication also discusses a draft law amending the Broadcasting Act of 2020, which deepens the weaknesses of Bulgarian media legislation regarding the licensing of BNR and BNT.

What determines the success of states in reducing alcohol related crash fatalities? A longitudinal analysis of alcohol related crashes in the U.S. from 1985 to 2019

In the United States, nearly 28 people die in alcohol–related motor vehicle crashes every day (1 fatality every 52 min). Over decades, states have enacted multiple laws to reduce such fatalities. From 1982 to 2019, the proportion of drivers in fatal crashes with a blood alcohol concentration (BAC) above 0.01 g/dl declined from 41% to 22%. States vary in terms of their success in reducing alcohol–related crash fatalities. The purpose of this study was to examine factors associated with changes in fatalities related to alcohol–impaired driving at the state level. We created a panel dataset of 50 states from 1985 to 2019 by merging different data sources and used fixed–effect linear regression models to analyze the data. Our two outcome variables were the ratio of drivers in fatal crashes with BAC ≥ 0.01 g/dl to those with BAC = 0.00, and the ratio of those with BAC ≥ 0.08 g/dl to those with BAC < 0.08 g/dl. Our independent variables included four laws (0.08 g/dl BAC per se law, administrative license revocation law, minimum legal drinking age law, and zero tolerance law), number of arrests due to impaired driving, alcohol consumption per capita, unemployment rate, and vehicle miles traveled. We found that the 0.08 g/dl per se law was significantly associated with lower alcohol–related crash fatalities while alcohol consumption per capita was significantly and positively associated with crash–related fatalities. Arrests due to driving under the influence (DUI) and crash fatalities were nonlinearly correlated. In addition, interaction of DUI arrests and two laws (0.08 g/dl BAC per se law, and zero tolerance) were significantly associated with lower crash–related fatalities. Our findings suggest that states which have more restrictive laws and enforce them are more likely to significantly reduce alcohol–related crash fatalities.

The Significance of Administrative License in Civil Law

Administrative license is closely related to validity judgments on civil juristic acts. In terms of civil law, an administrative organ, under administrative license, allows citizens, legal persons or other organizations to engage in specific activities. Some of these activities fall under approved factual acts; some are approved civil juristic acts; and some depend on the particular situation, sometimes belonging to factual acts, sometimes to civil juristic acts. Correspondingly, some provisions for administrative license found in law or administrative regulations are mandatory provisions falling under simple norms; some are mandatory provisions falling under complex norms; and some depend on the particular situation, sometimes belonging to the former and sometimes to the latter. Where a party intends to rule out the application of such mandatory provisions by virtue of agreement on the intent of the civil juristic act, Article 153 (2) of the Civil Code of the People’s Republic of China shall be cited to hold that the agreement is absolutely invalid. Where the civil juristic act of a party violates mandatory provisions falling under complex norms, Article 153 (1) of the Civil Code of the People’s Republic of China shall be invoked to judge its validity.

Reform of Administrative Examination and Approval Bureau: Practical Difficulties and Solutions

The “administrative examination and approval bureau” model is the latest practical achievement of deepening the reform of the administrative examination and approval system. It is a beneficial attempt to relatively concentrate the examination and approval power on the same institution. However, the first mock exam is a crisis of legitimacy, a confusion of powers and responsibilities, a lack of accountability and a blocking of information exchange. To promote the reform of the mode of “administrative examination and approval bureau”, we should realize the organic combination of “crossing the river by feeling the stone” and “top-level design”; make the means of administrative examination and approval system reform serve the purpose of optimizing public services; resolve the contradiction between horizontal centralized administrative license and vertical administrative management system; establish a supervision mechanism combining internal supervision and external supervision.

Environmental Policy and Compensation in China: An Empirical Analysis of Article Eight of the Chinese Administrative License Law

Environmental Policy and Compensation in China: An Empirical Analysis of Article Eight of the Chinese Administrative License Law