行政许可程序的立法欠缺及其完善

Deficiency in Administrative Permission Procedure and the Way to Improve

行政许可程序是规范行政许可的行为,防止行政许可实施权的滥用,保障公民、组织在行政许可实施中的正当权利的重要环节。尽管行政许可法设计了许多程序规则,但在某些方面还存在问题,诸如处理期限的规定不完善、听证程序不健全、缺乏有效的保障制度等。笔者在对此分析研究的基础上,提出了一些健全和完善我国行政许可程序的设想和建议。

Administrative permission procedure is the important link which is used to regulate administrative licensing act,prevent abuse of administrative licensing enforcement rights,and protect legitimate right of citizens and organizations in the implementation of administrative licensing.Despite a number of unique and novel rules of procedures were designed for the Administrative Licensing Law,the problems were inevitable in some respects,such as the provision of disposal term is imperfect,hearing procedures are not sound,lack of effective safeguard mechanisms.The author has made an analysis on the administrative permission procedure in detail,and proposed some assumption and suggestion based on the analytical study accordingly,which relates to how to perfect our administrative permission procedure.