Brief Analysis On The Impact On Administrative License Arising From The Modifications To The Technical Standards And Technical Specifications

I. Introduction

Clause 4 of Article 12 of the PRC Administrative License Law (hereinafter referred to as the "Administrative License Law") provides that administrative license may be established for matters of important equipment, facilities, products and items directly concerning public safety, personal health as well as the safety of life and property, which shall be examined and approved by means of inspection, testing and quarantine according to technical standard and specification. Meanwhile, Article 55 of the Administrative License Law explicitly provides that with respect such matter that complies with relevant technical standard and specification, the administrative authority shall grant the administrative license; while if the administrative authority decides to disapprove the administrative license, it shall provide a written explanation of the technical standard and specification on which the decision is based.