Study On The System Of The Administrative Record

The administrative record is widely used but neglected easily in the system of administrative law. In the social background of service administration, the way of administrative management tends to be diverse and flexible, converts from pre-control to post-supervision. These changes provide a broad stage for the administrative record. Administrative authorities can achieve their management purposes through record instead of prior approval. Meanwhile, owing to the widespread presence of administrative discretion and the growing professionalization of the administration, external oversight of executive power shows powerless. But the internal supervision of the Executive as the administrative record is a reasonable choice. Through such a filtering program we can effectively correct the illegal or improper administrative action, prevent the alienation of the executive power and ensure the healthy operation of the executive power. Moreover, in a sense the record of administrative actions set precedents that play a guiding role on the specification of the executive act and monitor the administration according to the law. Therefore, the administrative record connects the internal and external administrative system of law as a bridge, and fully reflects complementary between the internal and external administrative system of law. So it gives an expression that Administrative Law takes on the double mission in the press of service-oriented government construction. At present, due to lack of theoretical study and the traditional mode of operation of the executive power, the value of administrative record has not been fully realized. In China, construction of administrative record system is still immature. There are many problems in administrative record practice. So it is necessary to define the administrative record in theory and have a reflection on the administrative record system in our country.It is important to improve it in order to play its due role.By combing the academic understanding of the meaning of the record and the division types of the practice of record, I summed up the basic characteristics of the administrative record, that administrative record is the kind of record issued by the Executive through exercising administrative power; the object of the administrative record is associated with the administration matters; subjects that apply for administrative record including the private party and administrative organs; the principle purpose of the administrative record is post-supervision. So it is easily to make a distinction between the administrative record and the legislative record, the judicial record, and the political organizations record. On the basis of the basic characteristics, the administrative record can be defined as:after citizens, legal persons and other organizations including administrative organs submit the relevant materials according to the law to the appropriate administrative authority, the executive will archive the submitted materials through review. The administrative record includes external and internal administrative record. The aim of Administrative record is post-supervision not affecting the validity of matters submitted for the record. In our country, the definition and the effect of administrative record is not clear; the "administrative record" in some current normative documents is not the true sense of the administrative record;the difference between filing and record is not very clear; the set of the administrative record is too random; procedures for record not standardized; the review criterion of the administrative record is vague so that formal examination and substantive examination are intertwined; the relief mechanism is not perfect and so on. Since the existence of these problems, administrative record does not effectively play the role of post-supervision.In order to make the administrative record play effectively and orderly, it is necessary to clarify the definition and the value of the administrative record. In the future legislation, the function of supervision of the administrative record should be clear, and the "arbitrariness record" in the record should be increased in proportion, the administrative record should be regulated by law, administrative regulations and administrative rules to. The administrative record should not only guarantee the effectiveness of supervision and also take into account the administrative efficiency. So only material administrative actions come under the management through record.In the context of the rule of law, administrative matters supervised by record whether or not should be decided by holding forums, seminars, public hearings, and other forms of public discussion. Certainly, as record organs, they can require submitting for the record in time and review the material and supervise after record.Because of the request of Due Process, proceedings of the administrative record shall be improved through time limits, information disclosure and so on. Last but not the least, establishing and perfecting the administrative record of the relief mechanism is the urgent need. Expanding the scope of administrative reconsideration to provide a convenient way to administrative relief is very important. Meanwhile, judicial review of record with verdict form and the appropriate rules shall be allowed.