According to "Several Issues Needed to Grasp in Implementing the Five Principles of Administrative Examination and Approval System Reform" by the State Council Leading Group for Administrative Examination and Approval System Reform: II. Specific standards for implementing the reform principle of the administrative examination and approval system (I) Legal principles The legal principles of the reform of the administrative examination and approval system in the Implementation Opinions mean that the establishment and implementation of administrative examination and approval authority must be based on laws, regulations, rules and the State Council departmental documents formulated according to the State Council's decisions, orders or requirements, and shall not contradict them. 1. The establishment of legal documents for administrative examination and approval must conform to the requirements of China's legislative system and follow the principle of legal unity. That is, the legal documents of administrative examination and approval must conform to the statutory authority and procedures, and the lower-level law must not contradict the provisions and spirit of the upper-level law. (1) The law only makes principled management provisions on a certain matter (such as strengthening management, supervision, guidance, responsibility, inspection, etc.). , the same below), but without administrative examination and approval, the administrative examination and approval items set by administrative regulations shall be cancelled; (2) Laws and administrative regulations only stipulate the management principles of a certain matter, and there is no administrative examination and approval. Cancel the administrative examination and approval items set by departmental regulations, local regulations or local government regulations in the State Council, except for the examination and approval of local affairs set by local regulations; (3) The laws, administrative regulations and local regulations only stipulate the principle management of a certain matter, but there is no administrative examination and approval, and the administrative examination and approval items set by local government regulations should be cancelled; (4) Laws, administrative regulations, local regulations and government regulations of provinces and autonomous regions only make principled management provisions on a certain matter without administrative examination and approval; Cancel the administrative examination and approval items set by government regulations in larger cities; (5) If there are multiple bases for the same examination and approval and they are inconsistent with each other, if the bases for examination and approval belong to legal documents with the same level of effectiveness, the new regulations shall prevail; If it belongs to different levels of effectiveness, the superior law shall prevail; The relationship between legal documents is not clear; The provisions of the Legislative Law shall apply. 2, the establishment and implementation of administrative examination and approval, must meet the requirements of administration according to law. (1) Laws, regulations and the State Council decisions can set administrative examination and approval, and regulations can set administrative examination and approval within the statutory authority. (2) International conventions, international treaties or international practices that China participates in or recognizes can only be applied in China if they are transformed into domestic laws, regulations, rules or other normative documents through legislative procedures. Therefore, they cannot be used as the basis for administrative examination and approval without transformation, and the corresponding administrative examination and approval items should be cancelled. (three) the laws, regulations, rules or other normative documents that set up administrative examination and approval must be made public and formulated and passed through legal procedures. (four) according to the decisions, orders or requirements of the State Council, the documents issued by the the State Council Department may be subject to administrative examination and approval. In addition, the administrative examination and approval items set by documents of other departments (bureaus), local people's governments at all levels and their subordinate departments and internal institutions shall be cancelled. There is no normative document basis, and only the administrative examination and approval items set according to the leaders' speeches, instructions and instructions will be cancelled. If administrative examination and approval is really necessary, corresponding normative documents shall be formulated through legal procedures. (II) Rationality Principle The principle of rationality in the reform of the administrative examination and approval system in the Implementation Opinions refers to that under the conditions of market economy, the establishment and implementation of administrative examination and approval must be conducive to the development of the socialist market economy and the overall progress of society, and to the effective management of the government. 1. As one of the means to perform government functions, the application of administrative examination and approval is mainly limited to the following scope: (1) the development and utilization of natural resources such as land, mineral deposits, water, sea areas, forests, mountains, grasslands, wasteland and beaches; (2) the allocation of limited public resources such as radio frequency and public transportation lines; (three) to engage in activities that may cause pollution, damage the ecological environment or other public hazards; (four) the market access and legitimate business activities of monopoly enterprises in industries directly related to public interests such as electric power, railways, civil aviation, communications and public utilities; (5) Market access and legitimate business activities of banks, insurance, securities and other industries with high social credit; (six) investment projects that use financial funds or loans from foreign governments and international organizations guaranteed by the government, and investment projects that involve adjusting industrial layout and optimizing structure to achieve macro-control objectives; (seven) the establishment and activities of news publishing, radio, film and television, education, culture and other institutions; (eight) the qualifications and qualifications of natural persons, legal persons or other organizations that provide services to the public, are directly related to public interests and need special reputation, special conditions or special skills; (9) The establishment, alteration and termination of a legal person or other organization; (10) Confirmation of specific civil relations such as marriage and adoption; (1 1) producing, storing, transporting, using and selling inflammable, explosive, radioactive, toxic and corrosive dangerous goods; (12) production and operation of products and articles directly related to personal health and safety of life and property; (13) Design, construction, installation and use of important equipment and facilities directly related to public safety; (14) directly related to public safety, public interests, national security or other matters stipulated by laws and administrative regulations. For the matters listed above, whatever can be solved through the market should be solved by the market; It is difficult to solve through the market, but it can be solved through intermediary organizations and industry self-discipline; It should be solved through intermediary organizations and industry self-discipline; Even if the market mechanism, intermediary organizations and industry self-discipline cannot be solved, and government management is needed, other regulatory means besides approval should be considered first. Only when these means and measures can't be solved can we consider solving it through administrative examination and approval. 2. At present, there are some outstanding problems in China's administrative examination and approval, mainly due to excessive pre-approval of market subject qualifications, complicated procedures and high market access threshold; There are a large number of administrative examination and approval that interfere with the autonomy of enterprises, which are costly and inefficient, hinder market opening and fair competition, and are not conducive to enhancing the vitality and vitality of the market economy; In the process of land use right transfer, construction project contracting, government procurement and property right transaction, dishonesty and even corruption caused by administrative examination and approval sometimes occur. Therefore, such administrative examination and approval items should be resolutely cancelled: (1) Except for the pre-approval stipulated by laws, administrative regulations or the State Council decisions, the administrative examination and approval items handled by companies, other enterprises and individual industrial and commercial households before the opening or establishment registration should be cancelled; (two) except for construction projects that must be approved by laws, administrative regulations or the State Council decisions and projects that use financial funds and loans from foreign governments and international organizations, cancel the administrative examination and approval items set for business activities such as enterprise investment; (3) Unless otherwise stipulated by laws, administrative regulations and the State Council decisions, the assignment of operating land use rights, construction project contracting, government procurement and property rights transactions must be conducted through market-oriented methods such as auction and public bidding, and the corresponding administrative examination and approval shall be cancelled. (III) On the Principle of Efficiency The principle of efficiency in the reform of the administrative examination and approval system in the Implementation Opinions means that administrative examination and approval, as one of the administrative management means, should achieve the best government work objectives with less administrative resources. Efforts should be made to improve the examination and approval methods, actively promote e-government, and use modern technical means such as information and network to improve management level and efficiency. 1. The administrative examination and approval items should conform to the principle of legality and rationality, and at the same time be consistent with the departmental functions stipulated in the new "three decisions" plan. If the functions have been cancelled or set, the corresponding administrative examination and approval items of the department shall be cancelled or set. For matters that can be solved by means of market, intermediary organizations, industry self-discipline and strengthening supervision, administrative examination and approval shall not be set or retained. The government at the same level should create conditions to break departmental boundaries and relatively concentrate the examination and approval items scattered in various functional departments of the government; If the administrative examination and approval functions of two or more departments of the people's government at the same level overlap or duplicate, they shall be examined and approved by the department with the most direct functions, which shall take the initiative to communicate and negotiate with relevant departments and handle them after making a decision. 2 the implementation of administrative examination and approval should simplify procedures, reduce links, facilitate the masses and strengthen services. No matter how many internal organizations are involved in an examination and approval, one internal organization should represent the department and handle it according to the prescribed procedures to avoid repeated examination and approval. 3 in accordance with the law, two or more departments of the people's government at the corresponding level shall be examined and approved separately, and a sponsor department shall be determined by the government at the corresponding level, and shall be handled jointly with other relevant departments after deliberation and decision; Or organize relevant departments to make decisions through joint office and centralized office. 4. If the lower administrative organ can and has implemented the administrative examination and approval, the higher administrative organ shall not approve it; If it must be examined and approved by the administrative organ at a higher level, the examination and approval carried out by the administrative organ at a lower level shall be cancelled, except as otherwise provided by laws and regulations. 5. The administrative examination and approval authority shall set a reasonable time limit for the implementation of administrative examination and approval; Handling administrative examination and approval items shall improve work efficiency and shall not exceed the prescribed time limit. (IV) On the principle of responsibility The principle of responsibility in the reform of the administrative examination and approval system in the Implementation Opinions refers to the legal responsibility that the administrative examination and approval authority should bear for the failure to perform, improper performance of supervision duties or illegal examination and approval of the licensed object. 1. To set up administrative examination and approval, the administrative examination and approval organ must be given the power of administrative examination and approval, and its supervision obligation to the licensed object should be stipulated accordingly. Failing to give corresponding obligations to the administrative examination and approval authority; Or the administrative examination and approval authority can not fulfill this obligation, the administrative examination and approval can not be set. 2, the implementation of administrative examination and approval, should actively fulfill the regulatory responsibility of the licensed object, whether the licensed object really enjoys the relevant rights, and whether the activities within the scope determined when obtaining the administrative license are effectively supervised. Where the licensed object fraudulently obtains the license with forged materials, engages in activities beyond the scope of the license or refuses to accept the supervision of the administrative examination and approval authority, the administrative examination and approval authority shall, in accordance with the relevant provisions, order it to make corrections within a time limit or suspend, change, withdraw or revoke the license, and impose administrative penalties according to law. 3. The administrative examination and approval authority shall establish an effective supervision system. For technical examination and approval matters, technical regulations for examination and approval shall be formulated; If there are clear regulatory measures for the reserved examination and approval items, laws, regulations, rules and other normative documents, they shall be implemented in accordance with the provisions; If regulatory measures are not clear, regulatory measures shall be formulated and strictly implemented. 4. The administrative examination and approval authority shall establish an accountability system for examination and approval, and define the departments and persons responsible for examination and approval. If the administrative examination and approval authority fails to perform the supervision obligation, implement supervision and investigate the illegal acts of the object of examination and approval, it shall give the responsible person in charge and other directly responsible personnel corresponding disciplinary sanctions in accordance with relevant regulations. 5. If the administrative examination and approval authority illegally examines and approves, or even abuses the power of administrative examination and approval and engages in malpractices for personal gain, it shall investigate the corresponding legal responsibilities of the responsible person in charge and other directly responsible personnel in accordance with the relevant provisions. (V) Supervision Principle The supervision principle of the reform of the administrative examination and approval system in the Implementation Opinions refers to the supervision and restriction of the administrative examination and approval authority's exercise of administrative examination and approval power through legal means; Ensure that the power of administrative examination and approval is exercised legally, reasonably and fairly, and safeguard the legitimate rights and interests of natural persons, legal persons and other organizations. The establishment and implementation of administrative examination and approval should adhere to the principle of fairness and justice. Set standards and conditions for administrative examination and approval, and handle specific examination and approval matters. No discriminatory conditions may be attached because of the different administrative regions, industries and ownership systems where natural persons, legal persons and other organizations are located. Safeguard the overall interests of the country and the fundamental interests of the people, be fair, just and reasonable, and give full play to the due functions of administrative examination and approval. 2 the establishment and implementation of administrative examination and approval should implement the principle of openness. Unless otherwise stipulated by laws and administrative regulations, the contents, objects, conditions, procedures and time limits of administrative examination and approval shall be announced. The results of administrative examination and approval shall be made public. 3. The administrative examination and approval authority shall ensure that natural persons, legal persons and other organizations exercise their supervisory power over administrative examination and approval according to law. If the relative person disagrees with the administrative examination and approval, the administrative examination and approval authority must explain the reasons in writing and inform the relative person of the right to apply for administrative reconsideration and bring an administrative lawsuit; If the relative person reports or complains about the violation of discipline and law by the staff of the administrative examination and approval authority, the administrative examination and approval authority shall promptly verify and deal with it according to law, and reply the result to the informant and complainant in an appropriate way.