行政审批与行政许可范围的划分是行政法学理论界长期没有解决的问题，实践中导致行政权力的滥用和对行政相对人权益的损害。行政审批是行政机关根据公民、法人和其他组织的申请，依据法律、法规、行政规章以及其他有关文件，依法审查，作出准予其从事特定活动的有限制性选择决定的行为。行政审批与行政许可在性质、审批权限和形式、实施机关和程序、裁量与透明度等方面存在着差异。正确划分行政审批的范围，应当遵循内部和外部原则以及影响相对人个人权益原则，还应当进一步促进行政审批制度改革。

It is a problem to mark the areas between administrative examination and approval and administrative license in theory of administrative law in a long time. The practical situation results in the abuse of the administrative power and certainly violates the right and interest of the private party. The administrative examination and approval is the limited and selective behavior which is according as the related law, code and regulations of the administrative department to permit citizen, corporation and other organizations to pursue the specific actions after their applications and legal checkup. There are many differences between the administrative examination and approval and administrative license such as the quality, jurisdiction and format of the examination and approval, implement organization and the procedure, judgment and diaphaneity. We should follow the internal and external principle and also the principle of the influence of the private party’s right and interest. We have to promote the innovation of the administrative examination and approval system, too.