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行政许可多层级审查制度作为行政许可的一项审查制度,其具有实现宏观调控与微观管理有机结合、实现行政许可权纵向合理分离、有利于“无知之幕”形成等价值。行政许可多层级审查制度的运行在产生诸多价值的同时,其也可能导致行政组织膨胀、行政环节增加、行政效率降低等制度风险。行政许可多层级制度实践中存在不予许可决定权违法下放、违法增设行政许可审查环节等问题。行政许可多层级审查制度的完善应重点从统一制度设定标准、权力配置模式等方面来进行。
As a system of examination and approval of administrative licensing, the system of multi-level examination of administrative licensing has the advantages of organic combination of macro-control and micro-management and longitudinal and rational separation of administrative permission, which is conducive to the formation of such values as the “curtain of ignorance.” While the operation of the multi-level review system of administrative license has many values, it may also lead to institutional risks such as the expansion of administrative organizations, the increase of administrative links and the reduction of administrative efficiency. There are some problems in the practice of multi-level system of administrative permission, such as illegal decentralization of decision making without permission and illegal examination of administrative license. The perfection of the multi-level examination system of administrative licensing should be focused on the setting of standards of the unified system and the mode of power allocation.