New bill introduces licensing hearing ( 2003-08-25 06:48) (China Daily)
A draft law on administrative licensing, which is now undergoing final
scrutiny by national legislators, says that a hearing must be held prior to the
establishment of an administrative license when there is a conflict of interest
to ensure transparency and fairness.
Administrative licensing is a major government function. It refers to the
issuing of formal legal permission to conduct business or business-related
activities.
The draft law was drawn up by the State Council to streamline the
establishment and enforcement of administrative licensing, safeguard the
legitimate rights and interests of citizens, corporations and other
organizations, and maintain public interest and social order, while ensuring the
effectiveness and efficiency of administrative management.
The latest session of the Standing Committee of the 10th National People's
Congress, the country's top legislative body, is expected to vote on the draft
law on Wednesday.
Zhang Shicheng, a division chief of the Legislative Affairs Committee under
the Congress Standing Committee, said: "The introduction of the hearing system
into the administrative licensing process will better ensure that the interests
of all related parties get fully considered.''
Administrative organizations should inform the public that an administrative
licence is to be established and hold hearings on establishing administrative
licenses as required by laws and regulations or when they think a hearing is
necessary for the public interest, according to the draft law.
The bill also grants applicants for a certain administrative licence and
other interested individuals the right to demand a hearing.
The draft law says the administrative organizations should inform the
applicants and interested individuals of their right before making a decision on
the administrative licence.
Administrative organizations should hold a hearing within 20 days if the
applicants and interested individuals request a hearing within five days of the
administrative organization announcing that an administrative licence is to be
established.
Neither the applicants nor the interested individuals should bear the
expenses of such hearings, the draft law says.
The bill also stipulates that administrative organizations should pay
compensation if the administrative licensing process has been conducted
illegally.
Such provisions are a credit to the draft law, legislator Xin Chunying told a
discussion on the bill held by the Congress Standing Committee at the weekend.
But legislator Gao Zhiguo said the draft law should include more details on
the issues that will require a hearing. He said a hearing should be required in
principle for all administrative licensing on issues concerning national
security, the public interest, natural resources, public services and human
health.
