行政许可的学理分析

Theoretical Analysis on Administrative License

行政许可是平衡公益和私益的一种管理社会经济、政治、文化等事务的手段。就行为的性质而言,行政许可是具有核准性质及特征的行政行为;从制度的逻辑起点分析,行政许可以公益与私益的平衡为理论基础;行政许可规范化的目的在于公共权力与公民权利关系的理性化,因此,合理配置权力与权利为行政许可立法的重心。

Administrative licence is the means to manage social economy,politics and culture for balancing public interest and private benefit. As far as its nature is concerned,administrative license is one of the administrative acts characterized by examination and ratification patterns. As for the logical start-point of this system, administrative license bases its logic on the logical start-public and private interests. The aim to regularize administrative licenses is to rationalize the public power and civil rights. Therefore, it becomes central to distinguish powers and rights reasonably in the legislation of administrative licenses.