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行政机关违法实施行政行为必须承担法律责任,这是依法行政原则的最基本要求,行政许可行为也不例外。行政机关违法实施行政许可行为的责任分为两种:一是撤销的责任,二是补救的责任。所谓撤销的责任是指行政机关有义务撤销违法的许可,恢复到许可以前的状态。主要是针对行政机关违法发放、变更许可行为而言的。当行政机关对不符合法定条件的申请人给予许可后,申请人取得了不应当取得的许可,就可能会给公共利益和他人利益造成损害和威胁,如果不及时纠正,必定会违背许可的目的。
It is the most basic requirement of the principle of administration according to law that the administrative organ must bear the legal responsibility for implementing the administrative act illegally, and the administrative licensing act is no exception. There are two kinds of responsibilities for administrative agencies to illegally implement administrative licensing: one is the responsibility of revocation and the other is the responsibility of remedy. The so-called revocation responsibility refers to the obligation of the executive authorities to revoke illegality, to restore the state before permitting. Mainly for the illegal release of the executive authorities, changing permits in terms of. When an administrative organ grants an applicant who does not meet the statutory conditions, the applicant may obtain a license that should not be obtained, which may cause harm and threat to the public interest and the interests of others. If the applicant fails to correct it in time, it will definitely violate the purpose of the permit .