Research Of Administrative Registration

Administrative registration is one of the important means in the government administrative management. Nevertheless, because of the complexity of registration and the deficiency of theory study, especially the obscure of its attribute, results in the judge of registration are lack of unity, and the law-making stipulation is nonstandard. This paper is designed to clarify the essential qualities of administrative registration, to improve the administrative registration theory system, to provide theory reference for the perfect of judge and legislation.The title of this paper is“Research of Administrative registration”. There are six parts in this paper.Chapter one is concerned with“the summarization and the structure of administrative registration”. Looking at the extension of registration, the primary conception of registration is recording, and then it emphasized the state control. The evolution of this concept reflects the change of the registration attribute from pure recording to administrative management. Looking at the structure of the registration, administrative registration includes the reason behaviour and the registration behaviour. Before registration, there is reason behaviour which is in the domain of private right. After the reason behavior undergoing the procedure of application, examination, record and open, and it combined into the administrative registration with public right registration behaviour, determine that the administrative registration both have the private law attribute and public law attribute.Chapter two concerned with“the history and the value of administrative registration”. By comparing the registration origin in the Chinese and western world, we can know that Chinese registration place more emphasis on the administrative control. By analyzing the development of registration of property, identity and subject qualification, we can know that the registration has close relation with private right all the time. Looking from the social value of registration, we can see that it has the basic function of transaction security, tax collection, supervision and statistical summary. Looking from the theory basic of the development of registration, we can know that the development of registration has relation with the spread of the executive power; it surely goes with change of the private right.Chapter three concerned with“the efficiency and the type of administrative registration”. According to the registration structure theory, the administrative registration which is combined by the reason behaviour and the registration behaviour, has two kinds of effect. Through compare the public power of public law and the credibility of private law, the force power of the public law and the probative force of the private law, the restraining force of the public law and the countervailing force of the private law, we can know that the public law and the private law of the administrative registration are interlinked. Chapter four concerned with“the essential qualities of administrative registration”. Through carding the theories of the registration qualities, and clarifying the origin of the public law and the private law, we can get the theory that the qualities of the registration are pluralistic, and registration is not be of pattern. Administrative registration maybe is not the administrative behavior; the subject of the registration should not belong to the state, it also has the non-governmental organization and the non-profit organization; the qualities of the administrative registration has polychrome and complexity.Chapter five concerned with“the administrative examination and judicial review of administrative registration”. Different kinds of registration have different needs for the examination; the differentiation is the strength and the degree of the examination. The basic theory of the administrative registration includes the composition, the procedure, the attribute and the type, which would all effect the choose of the administrative registration examination method.Chapter six concerned with“the standardization and consummation of administrative registration”. Looking from the combination of public law and private law, registration must have the double-edged mission of private right protect and public law control. Chinese registration legislation now could not be competent for this task, the quality of the registration; the examination method and the administrative responsibility are not perfect. Therefore, we should promote the standard of Chinese administrative registration system.