What situations in administrative law require a general license versus a special license?

Administrative licensing is based on the scope of the license, which is divided into general license and special license. The following situations in administrative law require a general license and a special permission:

A general permit refers to a permit that is issued directly to an applicant who meets the statutory conditions without special restrictions, such as a permit to apply for a driver's license.

A special license refers to a license that meets the conditions of a general license and also stipulates special restrictions on the applicant, also known as a license.

Concession is a management method in which an administrative agency grants certain powers to a licensee on behalf of the state or makes an efficient allocation of limited resources. It is mainly applicable to the development and utilization of limited natural resources, the allocation of limited public resources, and the market access of monopoly enterprises directly related to public interests. Such as taxi business permits, pollutant discharge permits, etc.

There are two main characteristics of the franchise: first, after the counterparty obtains the concession, it should generally pay a certain fee in accordance with the law, and the obtained license can be transferred and inherited; Second, there is generally a limit on the number of concessions, and it is often decided whether to grant a concession through open bidding, auction and other open and fair methods.

General permits are common, as long as they meet the legal conditions, such as driving permits, business permits, and the legal requirements are broader.

Licensing will have some special restrictions. To put it simply, you can use common sense to know which industries need special restrictions by the state, such as gun licenses and tobacco monopoly licenses.

Legal analysis and good matching: refers to the act of an administrative organ granting a citizen, legal person, or other organization permission to engage in specific activities upon its application and review in accordance with law.

Legal basis: Article 2 of the Administrative Licensing Law of the People's Republic of China The term "administrative licensing" as used in this Law refers to the conduct of administrative organs to allow citizens or legal persons or other organizations to engage in specific activities upon application and after being reviewed in accordance with law.

The period for administrative organs to implement administrative licensing is calculated on working days, excluding statutory holidays.

After the administrative organ reviews the application for administrative licensing, in addition to making an administrative licensing decision on the spot, it shall make an administrative licensing decision within the statutory time limit in accordance with the prescribed Cheng Chan rent order.

Legal basis] Article 37 of the Administrative Licensing Law, after the administrative organ reviews the application for administrative licensing, it shall make an administrative licensing decision in accordance with the prescribed procedures within the statutory time limit, except for making an administrative licensing decision on the spot.

Legal Analysis:1 Control the Danger. For example:

In order to control the danger and play an effective role, it is necessary to set up a driver's license to protect personal safety and property rights. 2. Allocate natural resources and public resources; 3. Prove and provide a kind of information to provide credit certificate to the society. For example, doctors have obtained the qualification of practicing Kongtong physicians, lawyers have obtained the qualification of judicial examinations, and accountants have obtained the certificate of certified public accountants, all of which must be obtained through a strict administrative licensing system.

Legal basis: Administrative Licensing Law of the People's Republic of China Article 14 The law may set up administrative licensing. Where laws have not yet been enacted, administrative regulations may set up administrative licensing.