行政审批的行政法制约

Administrative Law Constraints on Administrative Licensing

我国在加入WTO议定书中已对行政审批的法律化作出了承诺 ,随之而来的是将行政审批纳入行政法治的轨道 ,以法规范和调整行政审批行为 ,改变目前行政审批改革多以行政手段为之的状况 ,实行行政审批项目法典化、主体职级对等化、过程连续化、重大事项听证化。

In its Protocol on Accession to the WTO, China has made a commitment to the legalization of its administrative licensing procedures. This means that China will bring its administrative licensing procedures into the orbit of the administrative rule of law and use the law to regulate and adjust acts of administrative licensing. However, due to the weakness of the theory on administrative licensing, up to now China has still not been able to adopt a law on administrative licensing, although the drafting of the law started as early as in the middle of 1990s, and the current reform on administrative licensing is mainly carried out by administrative means. Therefore, it is imperative for China to transform administrative licensing from an administrative procedure to a legal procedure. The key to this transformation is imposing administrative law restraints on administrative licensing.