WTO与行政许可法的制定、实施与完善

行政许可法关于原则、许可设定主体和设定范围、许可实施程序的规定在一定程度上回应了WTO协定的要求,WTO协定的国内实施也将为该法的落实创造良好的外部环境。然而,比照WTO规则,行政许可法尚需进一步完善,主要包括应增设比例原则和宽容审查原则,信赖利益保护原则需要补充和明确;应适度拓展对行政许可行为进行司法审查的范围和强度

WTO and the Enactment, Enforcement & Perfection of Administrative Licensing Law

WTO agreement is responded to some degree by the principle, subject establishment, subject scope and procedure enforcement of administrative licensing law. Though the implementation of WTO agreement in China provides good external environment for the enforcement of the administrative licensing law, to be in accordance with WTO rules, administrative licensing law still needs perfecting, which includes increasing ratio principle, tolerant examination principle and making interests protection definite. In addition, licensing judicial examination scope should also be strengthened and expanded.