随着我国立法理论和立法实践的发展以及立法制度的完善,曾经在地方立法中出现的通过立法设机构、设收费项目、设处罚权的现象得到了有效的规范,立法质量稳步提高。但是,在地方立法中随意设定许可权的问题仍较严重,本文试图通过对争设许可权这一现象的剖析,提出解决问题的建议。 With the development of legislative and legislative practice in our country and the improvement of the legislative system, the phenomenon of charging items and imposing punishments, which appeared in local legislation through the establishment of legislative organs, has been effectively regulated and the quality of legislation has been steadily raised. However, the issue of arbitrarily setting the permission in the local legislation is still serious. This article attempts to propose the solution to the problem through the analysis of the conception of the right to dispute.