The decision not to accept the administrative license is also based on the Administrative License Law of People's Republic of China (PRC). Its content is that the administrative organ makes legal documents according to law, not for the purpose of informing, but to make it clear to the applicant that the application will not be accepted. If the applicant refuses to accept it, he may apply for reconsideration or bring a lawsuit.
Article 11 of the Administrative Licensing Law of People's Republic of China (PRC) stipulates that the establishment of administrative license should follow the law of economic and social development, which is conducive to giving full play to the enthusiasm and initiative of citizens, legal persons or other organizations, safeguarding public interests and social order, and promoting the coordinated development of economy, society and ecological environment.
Article 12 of the Administrative Licensing Law of People's Republic of China (PRC) stipulates that an administrative license may be set for the following matters:
(1) Matters directly related to national security, public safety, economic macro-control, ecological environment protection and specific activities directly related to personal health and safety of life and property need to be approved according to legal conditions;
(two) the development and utilization of limited natural resources, the allocation of public resources and the market access of specific industries directly related to the public interest need to be given specific rights;
(three) to provide public services and directly related to the public interest, it is necessary to determine the qualifications and qualifications with special reputation, special conditions or special skills;
(four) the important equipment, facilities, products and articles directly related to public safety, personal health and life and property safety need to be inspected, tested and quarantined in accordance with technical standards and norms;
(five) the establishment of enterprises or other organizations. , which needs to determine the subject qualification;
(six) other matters that can be set by laws and administrative regulations.
Extended data:
The Administrative Licensing Law of People's Republic of China (PRC) stipulates that:
If an administrative organ implements an administrative license under any of the following circumstances, it shall be ordered by its superior administrative organ or supervisory organ to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) granting an administrative license to an applicant who does not meet the statutory requirements or making a decision on granting an administrative license beyond the statutory authority;
(2) Refusing to grant an administrative license to an applicant who meets the statutory requirements or making a decision to grant an administrative license within the statutory time limit;
(3) A decision to grant an administrative license shall be made according to the results of bidding, auction or examination according to law, or a decision to grant an administrative license shall be made without bidding, auction or examination.
Article 78?
If the applicant for administrative license conceals relevant information or provides false materials to apply for administrative license, the administrative organ shall not accept or disapprove the administrative license and give a warning; If the application for administrative license is directly related to public safety, personal health and the safety of life and property, the applicant shall not apply for the administrative license again within one year.
Article 79?
If the licensee obtains an administrative license by cheating, bribery or other improper means, the administrative organ shall give administrative punishment according to law; If the obtained administrative license is directly related to public safety, personal health and safety of life and property, the applicant shall not apply for the administrative license again within three years; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 80?
If the licensee commits one of the following acts, the administrative organ shall give administrative punishment according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) alter, resell, lease, lend the certificate of administrative license, or illegally transfer the administrative license in other forms;
(two) activities beyond the scope of administrative license;
(3) Concealing relevant information from the administrative organ in charge of supervision and inspection, providing false materials or refusing to provide true materials reflecting its activities;
(four) other illegal acts as prescribed by laws, regulations and rules.
Reference: Baidu Encyclopedia-People's Republic of China (PRC) Administrative Licensing Law