The administrative filing of imported cosmetics is an important task of administrative organs-An administrative filing act,According to the laws and regulations related to cosmetics,For imported cosmetics, customs declaration has been adopted check Approving and making relevant filing vouchers to the parties-Kind of behavior,In view of the types of general administrative records and the characteristics of administrative records of imported cosmetics, the act of taking back the original administrative records of imported cosmetics is from its legal attribute.Go up and study,I think it is necessary.
one Relationship between administrative filing and administrative licensing
      Administrative filing refers to citizens Legal persons or other organizations shall submit materials related to administrative matters to the administrative subject according to law,The administrative body reviews the submitted materials arrangement collect Filing is a procedural factual act and administrative legal system .
      Main types of administrative filing:First kind,Supervisory administrative filing,For example, catering units have obtained relevant permits,According to relevant national regulations,Register and record the food additives added in the production of catering food,The administrative organ shall archive and collect according to the contents of the record.Supervisory administrative filing is mainly due to the needs of administrative organs according to administrative practice and administrative inspection,Collect relevant materials from the administrative counterpart file Collation and review,Provide basic information such as public and government decision-making,Standardize and improve market management.
       Second,Confirmatory administrative filing.In food production enterprises, the enterprise standards for food production shall be filed with the food and Drug Administration in accordance with the law.Filing of enterprise standards for such food production enterprises,It is the administrative organ that judges the actual facts of enterprise production according to the legal authority Screening,An administrative confirmation record for confirming the production status of administrative counterpart.
       Third,Licensing administrative filing.The administrative counterpart applies for filing in the administrative organ,Engage in an act in order to obtain a specific right or qualification,In fact, it is an approval,The essence of this kind of filing belongs to administrative license.
      Many scholars believe that administrative filing is a kind of supervision after the event,The administrative license is due to the right preconditions,It is considered to be a kind of prior supervision,But in fact~The administrative record in the general sense, that is, the administrative record in the broad sense, should also include prior supervision.
 two Legal requirements of administrative license
  According to the provisions of the Administrative License Law,Administrative License refers to the administrative organ(Authorized organization)According to citizens Application of legal person or other organization,After substantive review(Or formal review),Allow him to engage in- -Behavior of specific activities.
        Administrative license is an application act according to law,The act of an administrative counterpart applying to an administrative organ for matters prescribed by state law,The country of the matter--Generally, it belongs to prohibited activities,  Obtaining permission for a matter indicates that a legal right or qualification has been obtained.For failure to obtain such information,Those who engage in activities in violation of relevant laws and regulations shall be punished accordingly.
        In the process of administrative license,The parties concerned need to provide corresponding written materials or certificates,The administrative subject examines and grants certain rights or qualifications,Therefore, it is a necessary behavior.,
  three Nature of administrative filing of imported cosmetics
        It can be seen from the administrative filing process of imported cosmetics,The responsible reporting unit in China, that is, the administrative counterpart, shall apply according to law,It mainly applies to the State Food and Drug Administration for the operation and production of imported cosmetics for special and non special purposes in China.
       The administrative counterpart of the administrative record of imported cosmetics shall provide relevant written materials and certificates,Substantive examination of administrative subject,Evaluation and review of cosmetics,The inspection conclusion of the cosmetics shall be taken as the examination content,thus,The administrative filing of imported cosmetics is an important act.
       For those who have not obtained relevant filing certificates,basis Regulations on the Supervision of Cosmetics Hygiene Administrative penalties may be imposed in accordance with the provisions of Article 26.The responsible reporting unit in China must obtain some kind of approval in order to be exempted from punishment.
       In essence,The administrative record of imported cosmetics is the administrative organ's responsibility for the operation and production of imported cosmetics in China in accordance with the law--General prohibited activities,Only after obtaining relevant licenses can they be qualified to carry out business and production activities.Although the administrative organ has taken the means of administrative filing,But in fact, it should be recognized that this is the third kind of administrative filing, that is, permissive administrative filing.
       obvious,This kind of administrative filing belongs to prior filing and can engage in a specific activity only after administrative permission.Meet the basic requirements of administrative license.The author believes that the administrative filing of imported cosmetics, whether the cosmetics belong to special-purpose cosmetics, should be regarded as an administrative licensing act.

In case of infringement,Please contact to delete