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关于行政许可的性质,理论界一直没有取得统一的认识。从我国《行政许可法》所规定的行政许可的内容来看,行政许可实际上是一种过滤监督机制,是对申请人是否符合法律所规定的获得许可的条件及能力的审查,及其在获得许可后对其行为的监督。基于这一认识,文章认为行政许可实际上是一种审查监督活动,并论证了其合理性。
With regard to the nature of administrative licensing, theorists have not obtained a unified understanding. According to the content of the administrative permission stipulated in the “Administrative Permission Law” in our country, the administrative permission is actually a mechanism of filtering supervision and is a check on whether the applicant complies with the conditions and abilities of obtaining permission as prescribed by law, Supervise its conduct after obtaining permission. Based on this understanding, the article holds that administrative permission is actually a kind of review and supervision activity, and its rationality is demonstrated.