| Following the revision of the Regulations on Pesticide Administration in 2022,the licensing system for the pesticide business has become increasingly robust. However, this has coincided with the emergence of certain deep-rooted problems. Notably, some operators persist in conducting business activities after the expiration of their licences, a phenomenon that has become a salient issue in the prevailing pesticide market supervision. The legal characterization of such actions is more controversial, primarily due to the emergence of two opposing views: "cancellation before the non-licensed" and "expired that is not licensed". After analyzing the relationship between the act of cancellation and the validity of the administrative licence in different circumstances, it was concluded that the loss of the validity of the administrative licence did not necessarily depend on the cancellation procedure. Furthermore, it is important to note that the expiry of a licence and the conduct of unlicensed business can result in subjective fault, social harm and legal responsibility. Consequently, it is not appropriate to equate the two situations. Based on this a dual-track solution is proposed, comprising an early warning mechanism for the renewal of licences and an enhanced cancellation procedure, which will provide a practical reference for the proper handling of such disputes in practice. |