在房屋拆迁中设定拆迁许可,既违反《行政许可法》的基本原则,又与行政法基本原理相悖,在法律依据上亦存在瑕疵。拆迁许可权的滥用,在实践中贻害无穷:使公权力失去了应有的公信力,使拆迁协议丧失了公允,使私权遭受蹂躏。因此,让诉迁许可退出历史舞台是必然选择。 Setting demolition permits in house demolition not only violates the basic principles of the “Administrative Licensing Law”, but also runs counter to the basic principles of administrative law and flaws the legal basis. Abuse of demolition permits, in practice, endanger the public: to lose the public authority due credibility, the demolition agreement lost its fairness, so that private rights were ravaged. Therefore, it is an inevitable choice to allow the eviction permission to withdraw from the stage of history.