职业资格证治理法治化研究

发布时间：2018-04-16 00:20

  本文选题：职业资格证 + 行政许可　； 参考：《东方法学》2017年05期

【摘要】：职业资格证的滥用和泛化是存在于我国行政法治中的重大症结,因而成为近年来我国行政系统所要根治的热点问题。自2013年以来,国务院着手取消各部门制定的大量职业资格许可和认定事项,目前已公布取消了434项职业资格许可和认定事项。然而,职业资格证的治理是法治范畴的问题,只有从法治的角度对职业资格证的治理进行判断,并将它纳入法治系统之中,问题才能够得到彻底解决。为此,职业资格证的治理也应当纳入法治政府的范畴之中,应该纳入行政法治的全过程之中,执业资格证的治理应当分阶段进行。具体而言,通过职业清单将合理的职业资格证予以保留;职业资格证的治理应当与标准化法的标准相契合;要将职业资格证更多的视为法律范畴的问题,而不是视为行政范畴的问题,就是将职业资格证的确定权放在立法机关手上;将职业资格证确定的具体事项交给该职业本身去制定和规范。
[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.
【作者单位】： 上海财经大学法学院;
【分类号】：D922.1
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本文编号：1756471