本文選題：職業(yè)資格證 + 行政許可��； 參考：《東方法學》2017年05期

【摘要】：職業(yè)資格證的濫用和泛化是存在于我國行政法治中的重大癥結(jié),因而成為近年來我國行政系統(tǒng)所要根治的熱點問題。自2013年以來,國務院著手取消各部門制定的大量職業(yè)資格許可和認定事項,目前已公布取消了434項職業(yè)資格許可和認定事項。然而,職業(yè)資格證的治理是法治范疇的問題,只有從法治的角度對職業(yè)資格證的治理進行判斷,并將它納入法治系統(tǒng)之中,問題才能夠得到徹底解決。為此,職業(yè)資格證的治理也應當納入法治政府的范疇之中,應該納入行政法治的全過程之中,執(zhí)業(yè)資格證的治理應當分階段進行。具體而言,通過職業(yè)清單將合理的職業(yè)資格證予以保留;職業(yè)資格證的治理應當與標準化法的標準相契合;要將職業(yè)資格證更多的視為法律范疇的問題,而不是視為行政范疇的問題,就是將職業(yè)資格證的確定權放在立法機關手上;將職業(yè)資格證確定的具體事項交給該職業(yè)本身去制定和規(guī)范。
[Abstract]:The abuse and generalization of professional qualification card is a major sticking point in the administrative rule of law in our country, so it has become a hot issue that our country's administrative system should cure once and for all in recent years.Since 2013, the State Council has begun to cancel a large number of professional qualification permits and accreditation items made by various departments, and 434 vocational qualifications and accreditation items have been announced and cancelled.However, the governance of professional qualification card is a problem in the category of rule of law. Only by judging the governance of professional qualification card from the perspective of rule of law and bringing it into the system of rule of law, can the problem be solved thoroughly.Therefore, the governance of professional qualification certificate should also be brought into the scope of the government ruled by law, should be brought into the whole process of administrative rule of law, and the governance of professional qualification certificate should be carried out in stages.In particular, the reasonable professional qualification certificate should be retained through the occupation list; the governance of the professional qualification certificate should be in line with the standard of the standardized law; and the professional qualification certificate should be considered more as a problem of the scope of the law.Instead of being regarded as the problem of administrative category, it is to put the right of determining professional qualification certificate in the hands of the legislature, and to give the specific matter of the determination of professional qualification certificate to the profession itself to formulate and standardize.
【作者單位】： 上海財經(jīng)大學法學院;
【分類號】：D922.1
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本文編號：1756471