Law defines gov't licensing role
2003-08-28 China Daily
The passing of the Law on Administrative Licences yesterday may help outline
the government's role more clearly.
The law authorizes only the State
Council and legislative bodies to decide on which affairs need licensing, while
ministries and other cabinet departments are excluded.
By providing
strict classification on licences and a supervision on local governments'
performance in granting licences, the new code keeps a tight rein on the use of
licensing, which used to be a key symbol of the government's power.
It is
an answer to the public's long-standing call for a cutback in complicated
government approval formalities and further freeing up of the
market.
Many may have the unhappy memory of being required to obtain
scores, or even hundreds of stamps from various government offices in order to
open a small company.
The current approval system does not bar ministries
and local governments from creating licensing items, resulting in large numbers
of unwarranted approval procedures that have exhausted applicants.
In
some places, a multitude of stamps are invented by local officials, which have
in many cases degraded into means of extortion.
The misuse of licensing
power is not merely a matter of image to the government.
Keeping a hand
on so many issues on the business and social fronts, the government can hardly
fulfil the pursuit of efficiency and a smaller size, not to mention its
commitment to the World Trade Organization, which requires administrative
permission in member economies be conducted in a transparent and standard
way.
With a strict limit to the scope of licensing, the new law
liberalizes both the market and the administration.
It will take some
time to sort out unwarranted licensing items and regulate the performance of
grassroots civil servants. This may be the reason the law is set to be effective
next July.
Beyond the technical plane, the change the code is going to
bring will be profound and lasting.
The restriction of licensing
highlights the notion that the government has no power to empower
itself.
It will be a catalyst in moulding the administration into a
service-oriented institution rather than an all-powerful
ruler. |