论行政许可设定及其完善

On the Establishment and Perfection of Administrative License

《中华人民共和国行政许可法》从法律层面上对我国行政许可设定进行了规范,但由于缺乏相应机制的衔接,不可避免地存在不完善的地方并容易导致在实践中出现的法律掉链的现象。本文试图通过对我国行政许可设定权的存在问题进行思考和分析,以求对行政许可设定的权限、范围、程序的完善提出设想和建议。

The creation of administrative license in our country is stipulated by Administrative License Law of the People Republic of China. However, as there is no corresponding institution, inevitably there exists imperfection and it is easy to cause separation between practice and law. The present paper attempts to conduct a discussion on and analysis of the problems related to the creation of administrative license in China in order to put forward some suggestions and ideas for the perfection of the limitation, range and procedure of the creation of administrative license.