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一、问题的提出行政许可,通常也表达为行政审批,按照《行政许可法》第2条的规定,是指行政机关根据公民、法人或者其他组织的申请,经依法审查,准予其从事特定活动的行为。我国从计划经济时代走来,存在大量的行政许可,自从20世纪80年代开始行政审批制度改革以来,这一现象已经有所改善。不过,政府管的事情过多过滥仍然是我国行政许可领域的严重弊病,究竟在哪些领域应该建立行政许可制度也因此一直是讨论的热点。较早的观点大都将行政许可的立足点置于公共利益之上。如在马怀德教授看来,凡
First, the issue raised Administrative license, usually expressed as administrative examination and approval, in accordance with the “Administrative Licensing Law,” the provisions of Article 2, refers to the administrative agencies based on citizens, legal persons or other organizations, according to the law, allowing them to engage in specific activities the behavior of. Since the era of planned economy came a large number of administrative licenses in our country, this phenomenon has been improved since the reform of the administrative examination and approval system began in the 1980s. However, excessive government oversight is still a serious malady in the field of administrative licensing in our country. Therefore, it is always a hot topic to discuss in what areas the administrative licensing system should be established. The earlier views mostly placed the standpoint of administrative licensing on the public interest. As Professor Ma Huaide seems, Van