Research On The Administrative Filing System

From the perspective of the way of administrative investigation and supervision,administrative filing is a supervisory means for administrative counterparts to take the initiative to declare information at the request of administrative competent departments,and for administrative administrative organs to supervise the performance of obligations and comply with laws.The information provided by the administrative counterpart is for the convenience of the administrative organ's supervision and management assistance,and the counterpart has the obligation to tolerate and cooperate with the administrative organ.Such an act of voluntarily reporting or informing relevant information is the most economical means of administrative supervision.Decisive role in the allocation of resources in the market,by loosening and cancel the examination and approval,market main body into specific industry engaged in specific activities did not have to enter the threshold limit,the autonomy space of market main body to expand,self-discipline expanded,but based on the macroeconomic regulation and control and the needs of the public security information collection and supervision and inspection of the parties to abide by the laws,for the administrative regulation scope and responsibility increases,require the other party from the program to assist and promote compliance from the self-discipline.At the same time by eliminating non-executive licensing examination and approval,and the separation of certification program optimization,solved the administrative registration may be engaged in other follow-up activities prior constraints,the administrative record form become things postsupervision independent of behavior,a lot of local administrative accrual list will be "other types of power" subdivided administration for the record.For administration for the record a spate of legal norms,the provisions of relevant administrative registration referring to all kinds of administrative legal norms file,due to a lack of theoretical guidance and logic system of strict regulations,no theoretical generalization of administration for the record and system,firstly,and then lead to use in the administrative practice more chaos and is not standard,that affect the effectiveness of the reform of administrative examination and approval also failed to give full play to set up such a system of values and mission.In order to improve the regulation standardization and standardization level,reduce the cost of law enforcement and improve the compliance degree of enterprises,it is of great importance to study the administrative record,which is a kind of administrative supervision behavior "born out of" and "changed into" administrative examination and approval.As an administrative activity guided by the realization of administrative tasks and goals,the realization of administrative filing consists of two stages,namely,the declaration of the parties and the verification and investigation by the administrative authorities.The process of administrative filing is a combination of various means,such as administrative orders,administrative coercion and administrative inspection,which run through the above administrative ACTS and activities in the process of administrative filing.At the same time,administrative filing is also the counterpart's self-supervision and the government's post-establishment supervision.So,in order to analyze the administration for the record the basic content,basic principle and characteristics of each stage,on the one hand to dock with the basic form of administrative behavior from the perspective of the static to classify,determine its status in the entire administrative action system and the legal effect,on the other hand,the introduction of the administrative perspective expounds the dynamic and comprehensive grasp the whole event and legal phenomenon,analyzes its existing problems and perfect control.This paper tries to make a preliminary and systematic analysis on the filing of specific activities by administrative supervision and management organs for administrative counterparts.This paper is divided into six chapters and two parts.The first part is one to four chapters,mainly from the basic content,the theoretical basis,the nature orientation and the outside practice from the static perspective to analyze the administrative filing.The second part is chapter five to six,which mainly analyzes the stage characteristics,problems and legal control of administrative filing from the perspective of administrative process.The first chapter,"the basic content of administrative filing",starts from the semantic meaning of "filing" to define the implication of filing.It goes back to the text of legal norms to explore the significance of administrative filing in the specific legal norms.On this basis,it defines the concept,characteristics and form of administrative filing.With a conceptual understanding tool,it further analyzes the basic contents of administrative filing,such as the items and setting of administrative filing,the implementation of administrative filing,the classification of types and functions.The second chapter is "basic theory of administrative filing".As a tool to explore deregulation and cooperative regulation in the governance era,administrative filing is of great significance in maintaining market order and public interests.The social association theory of the social law school holds that human beings,as organic individuals,can keep a balance with social organisms in a perfect society and have the ability to survive,compete and adapt to the environment.People can survive and develop better through cooperation and participation in the society.Information asymmetry information theory thought completely indulge no matter the market will harm the interests of the masses,has way to solve the information asymmetry is redistributed,Leonid · Hurwicz pioneered the theory of mechanism design by setting rules induced grasp more spontaneous exposed the true information,mechanism design theory is the government choice by the administrative relative person after self regulation and government regulatory cooperation regulation theory guidance,by encouraging corporate self-regulation spontaneous exposed the real information,for the goal of a common task to seek the optimal solution;Regulatory theory development experience command control regulation set back the development of regulation and self-regulation,self-regulation is the enterprise on its own management,factory equipment and staff applies to its own command,after a regulation is the government's regulation of self-regulation,the approach is that the government regulators found a problem and then command objects to develop solutions to solve this problem,the theory of considerable discretion to regulate object space,responsive regulation and exquisite regulation according to the regulator and the regulated repeated interaction multiple main body,the different regulatory tools to choose the best scheme of regulatory measures.The third chapter "administration for the record properties define",academic nature of administrative registration from the academic circle and practical analysis of judicial review,define the nature of administrative record of performance in contention,with characteristics of administrative law is administrative permission and administrative confirmation,controversial point focusing,with administrative fact behavior in administrative guidance,procedural fact behavior,things afterwards supervision behavior,administrative examination etc.In this chapter,administrative filing is defined as administrative investigation and supervision in a broad sense,which is a compound administrative investigation and supervision behavior requiring the provision of information documents and administrative inspection.On this basis,the nature and characteristics of administrative filing are discussed.In the era of governance,enterprises,governments and social organizations have their own characteristics in information,nodes,authority and wealth,and they all have the problem of failure.It is characteristic of The Times to select appropriate nodes to give play to the respective advantages of multiple subjects,and to cooperate in the task of supervising the realization of public interests.The United States,Spain and the republic of Korea(rok),which are outside the region,have provided experience for reference in exploring and practicing mechanisms to stimulate market players to exercise self-restraint and to guide and encourage them to participate in administrative activities.Chapter five and chapter six,mainly from the perspective of the theory of administrative process,respectively analyze the characteristics of the administrative filing stage,point out the problems in each stage and give legal control.Chapter five systematized the administrative filing standard stage,self-regulation stage,postregulation stage,behavior correction stage and relief stage under the paradigm of administrative process theory.Chapter six analyzes the existing problems and legal control based on the stage characteristics of administrative filing.