An Analysis On The Legal Property Of Administrative Registration

Administrative registration is a common administrative practice of administrative body. It is one of the most important methods that used by the administrative body to manage public affairs. However, administrative registration means a lot more as an administrative practice. For one reason or another, the study of administrative registration by both the theoretical circle and industrial circle is far from satisfactory, and most scholars do not yet study administrative registration as an individual subject.Administrative registration nowadays shows itself a kind of ambiguity which is unsuitable for its importance. In the author's opinion, the complicacy of administrative registration itself and the current insufficient study of its theory lead to many problems when put in practice, of which the faintness of the legal property of administrative registration is the most fundamental reason. Therefore, this paper will start with ananalysis of legal property of administrative registration. The author makes an attempt to analyze the legal property of administrative registration in the hope of answering some problems that occurred both in theory and practice.Neither does this paper study administrative registration illustrated in books, nor it studies solely the notes of administrative registration in law clauses. With the local codes and rules of the city of Shanghai as object, the paper will study the legal property of administrative registration through combining the object with the basic theory of administrative practice and the theories of specific administrative practices as administrative license, administrative confirmation, administrative record, etc. What's more, the author tries to classify administrative registration according to its different legal property as licensing registration, confirmative registration and recording registration, hoping to assist theory and practice sections to build a better understanding and to ensure a better application of administrative registration.The framework of the paper consists of five parts. The first part is introduction, indicating the original intention of it. The second part is about the concept of administrative registration. The author analyzes the reason why there is divarication about the formulation of administrative registration and explains the method of study used in this paper, and discuss the application of administrative registration in the codes and rules of Shanghai. The third part discusses administrative registration as a specific administrative practice and introduces professor Ye Bifeng's theory of stereotyped administrative practice, then illustrates from theoretical ground, the practices of continental legal system and Europe and America legal system andindustrial ground three aspects that administrative registration is not a stereotyped administrative practice. The forth part is the main body of the paper, which analyzes the relation between administrative registration and administrative license, administrative confirmation, administrative record, suggesting classify administrative registration as licensing registration, confirmative registration and recording registration. The last part is the meaning of writing this discourse. With the administrative registration in the ascription of the property right registration of real estate, company registration and tenancy contract registration of buildings as examples, it discusses the theoretical and practical meaning of the classification of administrative registration.