Regulation“Benefit the Took”in Administrative Licensing Legislation

The current authority struggles in administrative departments are around administrative licensing authority, which are around the legislation of administrative licensing. Through the legislative game, administrative departments divide administrative licensing“forces range” and eventually build“benefit the took” situation of license legislation. This phenomenon has produced repeated and crossing licensing, which not only seriously infringes private right, hampers the market system playing, but also goes against the idea of rule of law and of serving the government, departs from licensing legislation objective, and becomes serious obstacle of institutional reform. In order to realize the targets of institutional reform, administrative authority must be controlled, whose essence lies in the control of permission authority, and the regulation of “benefit the took”.