行政许可危害补救措施探讨

行政许可危害是行政主体在行使行政许可权的过程中,因违法或不当许可而给相对人、他人或国家利益造成的损害.它是行政违法的特殊形式,由主体、客观事实和主观过错等要件构成.只有完善行政许可的授权立法,建立行政许可听证制度、司法监督及国家赔偿制度,才能对我国行政许可危害进行有效的补救,使行政许可制度更趋完善.

An Exploration of Remedial Measures for the Weaknesses from Administrative Permit

The harm from administrative permit refers to the loss of benefits to the concerned or other people, or to the country due to unlawful and unreasonable permit exercised by the administrative body in the process of its work. It is a special form of unlawful administration, created by executers, objective facts, subjective mistakes, and the like. Only when the legislation of administrative permit is completed, the hearing system for such a permit, the supervisory jurisdiction and government compensation system are established, can the weaknesses from administrative permit in China be removed and the administrative permit system be perfected.