因法律更新所引起的许可证照类案件的处理问题剖析

Analysis on the problems in the cases related to the license with the law updating

行政许可证照是行政管理的重要表现形式之一。行政许可设立的具体内容由行政法规、规章等予以规定。故行政法规、规章等的更新往往引起许可证照的变化。然而,由于法律的特别规定,许可证照的变更与法律的更新却不必然同步,前者往往滞后于后者。正是由于这种滞后性的存在,执法人员在处理许可证照类案件时极易出现错误。本文试图剖析法律变更情况下,开展与许可证照相关的卫生行政执法时易出现的问题以及解决途径。

Administrative licensing is one of the most important manifestations of the admimstrattve management. The details of the licenses granting are formulated in the relevant administrative laws. As a result, the updating of administrative laws will leads to the alternation of the administrative licensing. However, because of the specific regulations of the laws, the alternation of the administrative licensing is usually later than the updating of thelaws. It makes the enforcers of the administration often make mistakes when they launch the administrative penaltiesrelated to the administrative licensing. This paper discussed these problems, as well as proposed resolutions, occur-ring in the administrative penalties related to the administrative licensing with the updating of administrative laws.