A Research On Administractive Confirmation

Administrative confirmation is an administrative act with a long history. Administrative confirmation is very important for many other departments. It can help administrative agencies to execute in a scientific way and provide a reference for courts to judge correctly and objectively. It can help protect the legal rights and interests of individuals and communities. What's more, administrative confirmation can help prevent and solve many disagreements. However, in China, there is no deep and thorough study concerning the definition, quality, procedure and remedy of administrative confirmation. Academically, there are only some conceptual, textbook-like statements. No systematic and comprehensive explanation is available, let alone related monograph. Practically, the definition of administrative confirmation is also very vague. What's worse, lack of judicial review on administrative confirmation because of mistakes about the quality of the act makes the relief to private party impossible.The thesis consists of four parts. They are as follows:The first part is to define what administrative confirmation is. After an all-round comparison of different opinions from different scholars at home and abroad, administrative confirmation is defined as: "It is a kind of administrative act. On basis of laws or regulations, or authorized by them, on request of Private Party or according to their own responsibilities, administrative subjects affirm, discriminate and testify certain legal facts, relations, rights, qualifications, and status, and then pronounce to the public." It is then followed by the definition of the quality of administrative confirmation. Administrative confirmation is not a pseudo-administrative act or administrative facts, but a concrete administrative act. At the end, the extension of administrative confirmation is clarified through the comparison between representations of administrative confirmation and other concrete administrative acts.The second part explains the classifications, procedure and significance of administrative confirmation. On basis of different standards, administrative affirmation can be differently classified. This paper provides five kinds of classifications concerning administrative confirmation. Because administrative confirmation is a binding administrative act, it should be with a strict procedure. The procedure is mainly in four stages: registration or acceptance and affirmation of application; investigation and data collection; decision-making on whether to affirm; elimination, alteration or abolition of administrative confirmation.The third part makes an analysis on recognition about responsibilities of traffic accidents, registration of communities and enrollment of house ownership, etc. Through these case studies, it provides theoretical basis to deal with related problems on administrative confirmation in reality.The last part elaborates some related problems of judicial review on administrative confirmation. In the first place, there is a brief introduction of the judicial review on administrative confirmation in Agio-American Law System countries and Continental Law System countries. Then the paper addresses the judicial review on administrative confirmation in China and concludes the terms to make judicial review on administrative confirmation. It makes clear the range of judicial review and contents of judicial review. At last, the paper offers some insights on judicial review on administrative confirmation in China.