On The Administrative Confirmation

Administrative confirmation is one kind of specific administrative acts, which is made by the administrative subject for testifying,confirming (or negating) legal status, legal relationship and legal facts of the opposite against the administrative subject, and the administrative subject declares it to the public. As a scientific administrative means, administrative confirmation covers all areas of administration. In practice the role of administrative confirmation is irreplaceable, such as preventing disputes arising and providing a more reliable basis for the other acts of the administrative subject and the court trial, etc.However, administrative confirmation is identified only as a theoretical concept, and academic research to the theory and practice of administrative confirmation is still relatively weak. This is not proportionable to the percentage accounted for and the role played by administrative confirmation. There are different viewpoints existing in basic theory and administrative problems in the practice of administrative confirmation, which has caused confusion in administrative enforcement and justice. Therefore, it is necessary to classify, summarize and analyze the theoretical and practical issues related to administrative confirmation.The article classifies and analyzes the theoretical issues related to administrative confirmation with the methods of comparing analysis and testing analysis, and the dissertation is divided into four parts. The first part ,"the basic ideas of administrative confirmation", closely around the concept of administrative confirmation, classifies and analyzes the features, forms, classifications, principles and functions of administrative confirmation. In particular, it is made clearly that the nature of administrative confirmation is a specific administrative act by the analysis of its features. There is a clear definition of administrative confirmation by classifying and analyzing, which lays a steady foundation for the following parts. The second part, "the comparative analysis of administrative confirmation and the other related concepts", includes comparing administrative confirmation with administrative license, administrative adjudication and administrative guidance. In particular, because of the close relationship of administrative confirmation and administrative license, this part focuses on the comparative analysis of them. And then as a kind of specific administrative acts, administrative confirmation has a clearer definition. The third part is "the current situation of administrative confirmation and measures for improvement". Beginning with analyzing the unfavorable current situation of administrative confirmation system, this part puts forward some improvement measures for the situation. The author puts emphasis on unfavorable administrative confirmation procedures and the relationship of administrative and judicial confirmation in the practice, and offers some suggestions to resolve these problems. The fourth part is "analysis of actionability of some acts of administrative confirmation". By in-depth analysis of actionability of seven acts of the disputed administrative confirmation existing in many administrative areas, the dissertation can draw a conclusion that the acts of administrative confirmation including seven acts mentioned above are actionable. In other words, all the acts of administrative confirmation are in the range of administrative lawsuit. Especially, this part points out that notary acts are only certification acts with civil nature which should be excluded from administrative confirmation in the framework of the existing laws. As a result, notary acts are inactionable.