行政许可行为是为相对人创设权利或者解除禁止的行为,某一具体行政行为是否为行政许可行为,要看行为的运转方式和特点,而不能以行政机关的“主管认识”为准。对于应撤销的行政行为以涉及“两益”为由确认违法,需要遵守法律及司法解释设定的条件,正确认定“两益”在本案中显得非常重要,而“两益”不以是否涉及某一行政机关的利益为认定条件。 The act of administrative permission is to create rights for the relative or to lift the prohibition. Whether a specific administrative act is an administrative licensing act depends on the operating mode and characteristics of the act, and can not be subject to the “executive recognition” of the administrative organ. For the administrative act that should be withdrawn, it is necessary to abide by the law and the conditions set by judicial interpretation to confirm that the “two benefits” are very important in the present case because of the violation of the law on the basis of “two benefits.” "Not to consider whether the interests of an administrative organ as conditions.