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浙江大学学报(人文社会科学版) 2008
A Research on the Depth of Administrative License Review
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Abstract:
Normally,the administration office shall review a license application generated by the civilian.The depth of such an administrative license review carried out by the administration office is herein called"the depth of administrative license review",which is the key issue to the administrative license.It will not only influence the approval or disapproval of a license directly, but also be closely related to the control of administration discretion,and even the administrative liability and compensation.As for the depth of license review,the administration office should not only carry out a substantive review to prevent any danger,but also restrain its power within a reasonable scope.Over- interference of a government may result in destroying the natural borderline between administrative power and citizen rights.The Laissez-faire administrative license management will not enable the administration office to prevent any danger or make reasonable selections.The depth of administrative license review,however,isn't a simple judgment.It should be based on different licenses and situations, so as to achieve mutual benefits among administrative power,economical liberty and personal liberty.