论文部分内容阅读
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。
The abuse and generalization of vocational qualification certificates are the crux of the problems existing in the administrative law of our country and have therefore become a hot issue to be ruled out in our administrative system in recent years. Since 2013, the State Council has taken the initiative to abolish a large number of vocational qualification licenses and issues set by various departments and has announced the cancellation of 434 occupational licensing and certification issues. However, the management of occupational qualification certificates is a category of the rule of law. Only by judging the governance of occupational qualification certificates from the perspective of the rule of law and including it in the system of the rule of law can the problems be completely solved. Therefore, the management of occupational qualification certificate should also be included in the scope of government by law, which should be included in the whole process of administrative law, the practice of practicing certificate should be carried out in stages. Specifically, a reasonable occupational qualification is retained through the occupational list; the governance of occupational credentials should be compatible with the standards of the standardized law; the occupational qualification should be treated more as a matter of law than as an administrative The problem of categories is to place the power of determination of professional qualification certificates on the hands of the legislature. The specific issues identified in the vocational qualification certificates are handed over to the profession itself to formulate and regulate.