administrative agreement

[Key points of the case]

The core dispute in this case is whether administrative agencies can add administrative licensing conditions through normative documents. An investment company was denied a hotel license because its building was planned for "office" use.Special industry license, based on the "red-headed documents" from the Fujian Provincial Public Security Department. The company believed that the document violated superior laws, so it filed an administrative lawsuit and requested a review of the legality of the document.

The court pointed out that the legality of administrative actions depends on the legality of the normative documents on which they are based. After communication and research, the Fujian Provincial Public Security Department took the initiative to adjust the content of the document and removed restrictions on the planned use of houses. In the end, an investment company successfully obtained the license and withdrew the lawsuit, and the dispute was substantively resolved.

The typical significance of this case is to promote administrative agencies to standardize licensing conditions in accordance with the law and not conflict with higher-level laws. Lawyer Ying Ting also believes that by reviewing normative documents, the court prompts administrative agencies to modify unreasonable regulations, optimize the business environment, and implement them."Nothing can be done without legal authorization"Principle, realize political integration and people's cooperation.