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随着社会主义市场经济的建立和完善,行政许可作为行政机关依法管理社会政治、经济、文化等各方面事务的一种事前控制手段,在我国行政管理中被广泛采用,其适用范围日益广泛。但是同时也存在不少问题,例如许可泛滥,标准不一,程序冗长,许可设定权太过宽泛,而且日益成为行政机关滋生腐败的温床,这些都严重影响了行政效率和政府形象,给公民和法人带来极大不便。国内许多学者结合国内外的有益经验,提出了制定统一的行政许可法①的立法构想。本文拟从制度创新这一角度,对我国行政许可制度略作探讨。
With the establishment and perfection of the socialist market economy, administrative licensing, as an ex ante control method to manage the affairs of the society, politics, economy and culture in accordance with the law, is widely used in the administration of our country and its scope of application is increasingly widespread. However, there are also many problems at the same time. For example, the proliferation of permits, the different standards, lengthy procedures, the over-allotment of permits and the ever-growing hotbed of corruption in the executive branch have seriously affected the administrative efficiency and the image of the government, And legal persons brought great inconvenience. Many domestic scholars have put forward the legislative conception of formulating a unified administrative licensing law in light of the beneficial experience both at home and abroad. This article intends to explore the system of administrative licensing in our country from the perspective of system innovation.