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纵观建国60年特别是改革开放的30年,中国的经济体制走过了计划经济、计划经济与市场经济双轨到市场体制为主、政府干预为辅的三个不同历史时期。与此相对应,行政许可也走过了行政主导的许可萌发、双轨制下的许可异常发展和当今呼吁许可回归理性的三个时期。特别是2004年《行政许可法》的颁行,更标志着我国行政许可纳入法制化的轨道。然而,立法永远是一门缺憾的艺术。由于经济运行模式、社会文化背景、人文法律意识等原因,行政许可无论是在运行体制、机制,亦或许可覆盖面、种类,以及许可各方对许可的认知上,仍存
Throughout the 60 years since the founding of the People’s Republic of China, especially during the 30 years of reform and opening up, China’s economic structure has gone through three different historical periods: planned economy, planned economy and market economy with two tracks to market system supplemented by government intervention. Correspondingly, administrative licensing has also gone through three phases: the germination of permission by the executive authorities, the abnormal development of licensing under the two-track system and the current call for permission to return to rationality. In particular, the promulgation of the Administrative Licensing Law in 2004 further marked the inclusion of our administrative license in the legal system. However, legislation is always a regrettable art. Due to such factors as economic operation mode, social and cultural background, humanistic and legal awareness, administrative licensing still exists in terms of operating system, mechanism, license coverage, type and licensing of each party