论我国行政许可的退出机制

On the Withdrawal Mechanism of Administrative License in China

摘要: 在市场经济体制之下，行政许可日渐显现逐步有序退出的趋势，行政机关顺势增强服务政府理念，发挥市场竞争机制的作用。《行政许可法》中对于行政许可因无需继续授予行政许可而适时退出的规定仅为行政许可评价机制，该机制较为原则性，因此，《行政许可法》需增设对行政许可退出机制的规制，包括对其退出的情形、评估、期限和监督均予以细化，形成体系性、科学性和可操作性。

Abstract: Under the market economy system, the administrative license gradually shows the trend of orderly withdrawal, and the administrative organs will strengthen the concept of serving the government and play the role of market competition mechanism. In the Administrative Licensing Law, the provision on the timely withdrawal of an administrative license because it is not necessary to continue to grant administrative licenses is only the evaluation mechanism of administrative licenses, which is relatively principled. Therefore, the Administrative Licensing Law needs to add regulations on the withdrawal mechanism of administrative licenses, including the details of the withdrawal situation, evaluation, duration and supervision, so as to form a systematic, scientific and operability.