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我国行政许可年检制度存在着制度定位不统一、法律责任设定不统一、法律程序缺失、将年检异化为二次许可等问题。“行政检查说”制度定位下的行政许可年检制度在制度内涵层面上体现为一种开放性,在制度功能层面上体现为一种平衡性,在制度关系层面上体现为一种调适性,其更趋于符合行政许可监管制度价值。在科学合理定位行政许可年检制度的前提下,通过完善启动模式、信息确认程序、信息抄告程序等方式进一步完善行政许可年检程序,从而为行政许可年检权力有序运行提供规范模式。
The system of annual inspection of administrative license in our country is not uniform, the legal responsibility is not uniform, the legal process is missing, and the annual inspection is turned into a secondary license. The system of annual inspection of administrative license under the system of “administrative examination said ” is embodied as an openness at the system connotation level, which is manifested as a kind of balance at the system function level and as a kind of adaptability at the institutional relationship level , Which tends to be more in line with the value of the regulatory regime for administrative licensing. Under the scientific and reasonable positioning of annual inspection system of administrative license, the annual inspection procedure of administrative license should be further perfected through such ways as perfecting the mode of starting up, confirming the information and issuing the information, so as to provide a normative mode for orderly operation of the power of annual inspection of administrative license.