On The Action Of Administrative Registration

As one of the most important executive means by which our country administers social affairs, the administrative registration exists in the executive legislation and daily life in our country widely and influences the rights and benefit of natural persons, juridical persons and other organizations. The administrative registration is the key embodiment that public laws interpose the field of private laws, indicating the process and trend that the rights of private laws are publicized. This means plays an essential role and possesses prolific meanings. On one hand, the rights, legal relationships and legal facts protested by executive persons can be developed into the situation where they are recognized and protected by national laws; on the other hand, the other social members who believe in the administrative registration of public rights are offered protection of trusting benefit on administrative laws. Being one of the most crucial executive means to regulate and control the social affairs legally, the administrative registration aims to construct a kind of safe and stable order of laws.This dissertation can be divided into four parts.Part one: The summary on the action of administrative registration.To start with, the concept of administrative registration is defined and its features are analyzed. Analyzing kinds of presentations on the concept of administrative registration in the current law circles on the basis of comprehensive comparison, I define the concept of administrative registration. The basic features of administrative registration are analyzed on the basis of its concept. The main body that implements the action of registration is the executive department. Usually registration has the legal stipulation and the passivity of administrative registration, which belongs to the behaviors of controlling administration. The legal effect of administrative registration usually has the trace back. The executive departments have rights of examining and supervising the registered items. Next, the categories of administrative registration are expounded. The actions of administrative registration are divided into administrative registration of the rights of the legal individuals, of the legal relationship, of the ownership of rights and of the legal fact on the standard of the contents of the action of administrative registration. And the action of administrative registration also can be divided into established administrative registration, altered administrative registration and nullified administrative registration on the standard of the legal effects achieved by the action of administrative registration.Part two: The quality and effect of the action of administrative registration.To begin with, various understanding on the quality of the action of administrative registration in the current theoretical circles are introduced and are commented and analyzed. The dissertation expounds that the administrative registration is the concrete executive behaviors; Based on Professor Ye Binfeng's theory of patterned administrative actions, the action of administrative registration is not a stereotyped administrative practice; Combined with concrete laws, administrative permission in broad sense and validated administrative actions are commented and analyzed. The quality of administrative registration is summarized on the basis of theory of multivariate legal attribute. The actions of administrative registration which have different legal attributes are defined respectively as administrative registration of permission, administrative registration of validation and administrative registration on file.Part three: The principles implemented by the action of administrative registration.According to the situation that how the systems of administrative registration in our country are carried out, the principles observed by the action of administrative registration are put forward from its features. They are principles of validity, legitimate principles of procedures, impartial principles of efficiency, public principles of credit and reliable principles of protection.Part four: The shortcomings of the action of administrative registration and the systems to be perfectedTo start with, the shortcomings are analyzed. In the first place, the basic theory of administrative registration is ambiguous, which is the key reason that many problems are produced during its implementary process. In the second place, the enforcement of the action of administrative registration goes against the principle of efficiency, which is reflected in the following aspects in details: administrative registration is not consonant to the same kind matters of registration. Thus, the applicants will feel puzzled when they want to make sure the concrete departments which are in charge of registration. And it is also not good for the parties' accurate and complete inquiry of registration. The registered regulations are not consonant to the same kind matters of registration. Such disunities and non-coordination of registered systems go against the principle of efficiency completely. The persons who register cannot determine the limitation of qualifications. The action of administrative registration is the action that is featured as high legal technological operation and is distinct as professional characteristics. The fact that the persons who register cannot determine the limitation of qualifications will definitely affect the realization of the values of its efficiency. In the third place, the examined mechanism of administrative registration is lack of unification and definitude, which is reflected the following aspects in details: the regulations concerning the examined style of registration are disperse and ambiguous. In the fourth place, administration is emphasized, while concepts of service are ignored.Next, it is about the improvement of the systems of administrative registration. Firstly, the uniformed legislation of the action of administrative registration. At present, there are realistic bases and possibilities of the uniformed legislation of administrative registration in our country. The uniformed legislation can not only avoid the drawbacks that its relative stipulation is lack of unification and coordination but also contribute to unifying the legal foundation, the examined standard and the registered procedure. Secondly, the registered departments of the same category are unified, which aims to avoid the drawbacks that are caused by the fact that the same registered items are supervised by several departments and registration is implemented by different levels. Such measure ensures that the same kind matters of registration's procedures and information of registration are unified, resources are saved, the executive efficiency is improved and the legal rights and interests of the parties are defended. Thirdly, reasonable examined styles are established on the basis of typology. Based on the theory of multivariate legal attribute of the quality of administrative registration and the analysis of advantages and disadvantages of the three examined styles, the examined styles applied to the administrative registration of different legal attributes are established. The administrative registration of permission ought to apply to the style of compromised examination, the administrative registration of validation ought to apply to the style of compromised examination and the administrative registration on file ought to apply to the style of the formal examination.