行政许可性质之法理学分析

An analysis of Administrative Permission from the Aspect of Jurisprudence

《行政许可法》作为我国行政领域的一部重要法律,在广泛的范围内得以运用,关系着行政机关、行政相对人、第三人、整个社会等多个利益主体,实施两年多,对我国的行政法治建设作出了重要贡献。为了对行政许可有更全面的认识,以行政许可的立法定义为路径,在评价主流学说的基础上,以平衡论为支撑,从法理角度对行政许可性质进行全面分析,揭示出行政许可的本质即个人利益与社会公共利益的平衡。

As an important law of administration field in our country, ＂Administrative Licensing Law＂ has been applied in the wide scope, including bodies such as executive departments, relevant subjects in administration, the third party and the whole society, etc. Being carried out for over two years, it has made a major contribution to the construction of rule of the administrative law in our country. In order to get a thorough understanding of administrative license, and based on the legal definition of administrative permission we propose that the essence of administrative permission lies in the balance between individual interest and social public welfare after analyzing essential theories on the basis of the balance theory.