Is it an administrative licensing act to apply for a disability certificate?

Updated on society 2024-02-09
6 answers
  1. Anonymous users2024-02-05

    I don't think so.

    1) Administrative licensing is an administrative act of a statutory administrative subject. The act of issuing qualification certificates and licensing documents to their members by ordinary social groups, autonomous organizations, non-governmental associations, etc., that do not have the qualifications of statutory administrative entities is not an act of administrative licensing.

    2) Administrative licensing is an administrative act based on an application. The administrative entity does not take the initiative to issue a permit or license because the administrative counterpart is preparing to engage in a certain activity, that is, without the application of the administrative counterpart, the administrative entity cannot take the initiative to carry out the licensing act. The administrative counterpart's submission of an application is a statutory obligation that must be performed before it engages in a certain legal act, but the administrative counterpart does not necessarily have the permission of the administrative entity to make an application, and the specific decision must be made in accordance with the norms of legal rules.

    3) Administrative licensing is an administrative act that lifts the prohibition of general laws. Licensing is the lifting of prohibition, and there is no administrative licensing without a general prohibition of law. An administrative licensing act is an act of lifting restrictions or prohibitions on specific objects that meet the requirements, allowing them to engage in a certain activity and enjoy specific rights and qualifications.

    For example, for the needs of national defense security, social security, and social construction, the state permits organizations or individuals that meet specific conditions to engage in the production, transportation, and sale of explosives.

    4) Administrative licensing is a beneficial administrative act. Administrative licensing is not an act of imposing obligations or punishing an administrative counterpart, but an act of giving an administrative counterpart certain rights or qualifications. If the administrative counterpart is given the qualification certificate to engage in lawyer, accounting, auditing, supervision and other activities, the administrative counterpart has obtained a certain legal qualification.

    5) Administrative licensing is an administrative act. This is a formal feature of administrative licensing. Administrative licensing is an administrative act implemented in the form of issuing permits or licenses, which must follow the legal procedures and adopt a specific legal form.

    Such as approval documents, approval forms, registrations, etc. for permits or licenses. Therefore, administrative licensing is necessarily a mandatory administrative act.

  2. Anonymous users2024-02-04

    You have a good question ... Applying for a disability certificate is a very important thing for the China Disabled Persons' Federation! Isn't it an administrative licensing act?

  3. Anonymous users2024-02-03

    In administrative law, the form of such an act is an administrative confirmation, which is the confirmation of a certain fact.

  4. Anonymous users2024-02-02

    Subsistence allowance is the abbreviation of the minimum subsistence security for residents, and the minimum subsistence security system is implemented. The state subsidizes the population whose per capita household income is lower than the lowest living standard announced by the local **, so as to ensure the social security system required for the basic livelihood of family members. The subsistence subsistence line is also the poverty line.

    The minimum subsistence guarantee includes the minimum subsistence guarantee for urban residents and the minimum subsistence guarantee for rural residents. The application conditions are urban residents or rural residents with local non-agricultural household registration, who have lost their main labor force due to illness, disability or disaster, or whose per capita income is significantly lower than the local urban or rural average, and it is difficult to maintain the daily basic life of the family. Therefore, as long as the disability level meets the relevant regulations, you can apply for the subsistence allowance.

    Article 50 of the Law on the Protection of Persons with Disabilities** The people at or above the county level shall give convenience and preferential treatment to disabled persons taking public transportation on the basis of actual conditions. Persons with disabilities can bring their necessary assistive devices free of charge. Blind people can take public transportation such as buses, trams, subways, ferries and other public transportation free of charge with valid certificates.

    Mail delivery of books for the blind is free of charge. The State encourages and supports units providing telecommunications, radio and television services to give preferential treatment to the blind, hearing impaired and speech-disabled. People at all levels** should gradually increase other care and support for persons with disabilities.

  5. Anonymous users2024-02-01

    Provisions on the handling of disability certificates: The application for disability certificates adheres to the principle of voluntariness and territorial management. All visual, hearing, speech, physical, intellectual, mental and multiple disabilities who meet the criteria for disability can apply for a disability certificate in accordance with the law.

    What are the latest regulations on the handling of disability certificates?Provisions on the handling of disability certificates: The application for disability certificates adheres to the principle of voluntary application and territorial management. All visual, hearing, speech, physical, intellectual, mental and multiple disabilities who meet the criteria for disability can apply for a disability certificate in accordance with the law.

    What is the legal basis for the latest regulations on the application of disability certificates?Article 2 of the Measures of the People's Republic of China for the Administration of Certificates for Persons with Disabilities.

    The Certificate of Persons with Disabilities of the People's Republic of China (hereinafter referred to as the Certificate of Persons with Disabilities) is a legal certificate for identifying persons with disabilities, their types and levels of disability, and is an important basis for persons with disabilities to enjoy national and local preferential policies in accordance with the law. The disability assessment standard is the national standard of the People's Republic of China "Classification and Classification of Disabled Persons" (GB T26341-2010) (hereinafter referred to as the disability standard).

    Article 3. Adhere to the principle of voluntary and territorial management of the application for the disability certificate. All persons with visual, hearing, speech, physical, intellectual, mental and multiple disabilities who meet the disability criteria can apply for a disability certificate.

    Article 4. The certificate of the disabled shall be uniformly printed by the China Disabled Persons' Federation, and the seal of the China Disabled Persons' Federation shall be overprinted (see Annex 1 for the style). The local Disabled Persons' Federation is responsible for distribution and management.

    The certificate of the visually impaired has a red skin, and the certificate of other categories of the disabled has a green skin. Multiple persons with visual impairment can use the Visually Impaired Certificate with red skin.

  6. Anonymous users2024-01-31

    Legal analysis: The latest regulations on the handling of disability certificates are: Handling of disability certificates:

    1. The county, city or district level Disabled Persons' Federation where the household registration is located shall receive the Application Form for Disability Certificate and the Disability Assessment Form;

    2. A copy of the identity card or household registration book;

    3. 2 6 two-inch color photos;

    4. Proof of disability type and grade. If the disability is obvious, you can go directly to the Disabled Persons' Federation for rating review and handling, and if the difficulty is not obvious, you must go to the designated hospital or designated doctor to sign and seal the rating. The disability certificate is a legal document for identifying the disabled and the type and level of disability.

    At present, there are seven categories of disability in China: visual disability, hearing disability, speech disability, physical disability, intellectual disability, mental disability and multiple disabilities. All persons with disabilities who meet the "Disability Standards for the Second National Sampling Survey of Persons with Disabilities" shall be issued with a disability certificate.

    Legal basis: Law of the People's Republic of China on the Protection of Persons with Disabilities

    Article 4: The State is to employ auxiliary methods and supportive measures to give special assistance to persons with disabilities, to reduce or eliminate the impact of disability and external obstacles, and to ensure the realization of the rights of persons with disabilities.

    Article 13: Commendations and awards are to be given to persons with disabilities who have made notable achievements in the construction of socialism, and to units and individuals that have made notable achievements in safeguarding the lawful rights and interests of persons with disabilities, developing the cause of persons with disabilities, or serving persons with disabilities.

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