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随着中国共产党十八届四中全会提出“全面推进依法治国”战略,建设法治政府,推进依法行政成为我国行政管理制度改革的主要目标和方向。因此,近年来,法治政府建设工作备受社会各界关注。行政许可制度是国家对社会事务进行行政管理的重要手段,是对一国经济、政治、文化活动进行管理的必要方式,是建设法治政府的重要环节。要想使行政许可工作真正发挥对经济、社会发展的促进作用,就必须加强对行政许可工作的监督,因此完善行政许可监督制度,促进行政许可工作规范化、有序化进行也越来越具有现实意义。近年来我国在深化行政管理体制改革方面取得了很大成效,先后清理、取消了大批行政许可审批事项,但是当前我国的行政许可制度仍存在事后监督脱节、监督方式不足、越权监管严重以及监管范围不清等问题,应当借鉴欧美发达国家的实践经验,从行政立法和司法实践中加强对行政许可行为的监督,改进现有的监督机制,加强对行政许可设定权的监督、完善诉前制度和行政许可监督责任机制。
With the Fourth Plenary Session of the 18th CPC Central Committee proposing the strategy of “governing the country according to law,” building a government ruled by law and promoting administration by law have become the major goals and directions for the reform of our administrative system. Therefore, in recent years, the construction of a government under the rule of law has drawn much attention from all sectors of society. Administrative licensing system is an important means for the state to carry out administrative management of social affairs and is an essential way to manage a country’s economic, political and cultural activities. It is also an important link in building a government ruled by law. In order to make the work of administrative permission truly exert the promoting function to the economic and social development, it is necessary to strengthen the supervision over the work of administrative licensing. Therefore, it is more and more realistic to improve the system of supervision over administrative licensing and to promote the standardization and orderly administration of administrative licensing significance. In recent years, our country has made great achievements in deepening the reform of the administrative management system. It has successively cleared up and canceled a large number of administrative licensing items. However, the current administrative licensing system in our country is still ex-postdisconnected, under-monitored, over-regulated and over- We should learn from the practical experience of the developed countries in Europe and the United States, strengthen the supervision of administrative licensing from the perspectives of administrative legislation and judicial practice, improve the existing supervision mechanism, strengthen the supervision over the right to set administrative licensing, and improve the system of pre-trial prosecution And administrative licensing supervision responsibility mechanism.