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《行政许可法》从颁布实施至今已近两年,其运作曾被喻为中国政府的一场自我革命和瘦身运动,起初的各种赞誉之声仍绕樑未绝,然而,近期以来,针对该部法律的各式批评与责备却呈愈来愈烈之势,有的学者甚至对其缺陷作了掘地三尺般的梳理,反差之大,在我国立法史上并不多见。太多的批判或许源自当初过高的期许,不可能期望一部法律的施行就可以瞬间在中国实现行政法治。批判本身无可厚非,但无论如何还是应当注入更多的理性成份,要明辨为何批判,怎样批判,批判之后又当如何?基于此,本刊特约请国内知名学者、该部法律的最初起草人、政府法制部门工作人员三类人士对该法律的功效、运作机理和障碍做一次深入研讨。
Since the promulgation and implementation of the Administrative Licensing Law for nearly two years, its operation has been hailed as a self-revolution and downsizing movement by the Chinese government. At first, various acclaims were still circulating. However, in the near future, All kinds of criticisms and reproaches of the law of the Ministry of Justice have been on the rise. Some scholars even made a drastic review on their deficiencies, which are not large in the legislative history of our country. Too much criticism may stem from the already high expectations, can not expect the implementation of a law can be an instant implementation of administrative law in China. Criticism is understandable, but in any event, more rational elements should be infused into it to distinguish between what to criticize and how to criticize it. What should be done after criticism? Based on this, we specifically invite domestic well-known scholars, first drafters of the Ministry of Law, The three categories of government legal department staff on the effectiveness of the law, operating mechanism and obstacles to do an in-depth discussion.