On The Administrative Affirmation

China today, there is no confirmation on administrative systems, procedures, monographs, related to administrative confirmation system, procedural aspects of research is scattered throughout the relevant administrative law tutorial. In addition to the twenty-first century, Supreme People's Court "issued by Supreme People's Court on standardized administrative cases, the cause of action of the notice" clearly that the Chief recognized as a specific administrative act, the government will have no confirmation on the definition and characterization of the executive. Therefore, in our current legal system, administrative systems and procedures to confirm basically a theoretical concept of emergence, which shows that both the Government and academic systems and procedures for administrative confirmation of the attention is still far from adequate. The concept of the executive confirmed that the current theoretical circles there are still controversial, generally summarized as follows: The Chief confirmed that refers to the administrative body of administrative law the legal status of the relative side, legal relations and legal facts are screened to give identification, recognition, proved to be declared the specific administrative acts, such as the Government of a product quality certification.To clarify the concept of executive confirmed to judge accurately, but also to the administrative licensing, administrative decisions, administrative guidance and administrative confirmation phase approximation, easy to confuse the specific administrative acts of comparison and analysis. For example, an executive to identify and administrative permission: Although the concept has its own characteristics on well-defined, but in judicial practice, and the Chief Executive confirmed that permission is still relatively difficult to distinguish the difference. Both belong to the same administrative act, and in comparison with other administrative acts of the executive to identify and contact the administrative licensing is relatively close, that is, in the administrative licensing process also includes the executive or administrative identified some of the confirmation stage, so there will be two coincidence, co-existence and mutual transformation of the situation; 2, confirm with the Chief Executive Decision: Both are areas of specific administrative act, there is a certain link between the two, only to be carried out to confirm the executive administrative ruling, but not the Chief Executive confirmed that decision is an absolute condition. Some cases, administrative ruling is to confirm the performance of administrative methods, such as ownership of forest land ownership dispute, the executive authorities under the file material and relevant evidence to confirm that all the parties woodland to resolve the dispute, in essence, that the Chief confirmed that, but through administrative award shown. However, with the Chief Executive confirmed that there are still differences between the ruling: (1) The Chief to identify and point to different content of administrative decisions. Executive confirmed that the contents of the point to no special restrictions on the content of the executive decision has to be the dispute and both sides brought the facts to the executive. (2) The Chief Executive Awards aim to identify and target different. Executive confirmed that the purpose of the object is related to the fact that a clear administrative law, as well as recognition of legal relations; administrative ruling purpose of the object is clear and the parties rights and obligations related to the dispute. (3) Administrative recognition and the legal effect of the different administrative ruling. Executive confirmed that the legal effect is the relative who has administrative rights and obligations to be clear, not to increase or eliminate rights; administrative ruling is the executive authority for the rights and obligations between the parties to be clear, a direct increase or eliminate the rights and obligations related to the content of the parties must follow the content of administrative decisions be implemented; 3, administrative recognition and administrative guidance: the executive, administrative guidance in the management of economic and social process, the initiative filed by the Chief counterpart, the executive authorities of specific application of the law and regulations, in its administrative responsibilities within the scope of the actual situation and the effective use of executive power to achieve the purpose of administrative activities. And administrative guidance for the executive to bring up, and there is a certain difference between the two: (1) The Chief confirmed that the legal and administrative guidance differently. Chief Executive confirmed that the relative rights and obligations of people have a direct impact, the executive must be in accordance with administrative confirm the contents of the implementation of the administrative powers, and not infringement of the executive relative who has been identified by the Executive confirmed the right; and administrative guidance to the executive authorities and administrative counterpart do not have a direct impact between the administrative authorities can choose whether to implement the administrative licensing, and the Chief counterpart for the administrative organs to implement the administrative license to choose whether to accept the contents of administrative guidance. (2) The Chief confirmed that the legal and administrative guidance of a different nature. According to the classification of administrative acts, the Chief confirmed that part of the executive halter beam administrative act, the executive must be in accordance with relevant laws and regulations clearly stipulated the relevant facts combine to make administrative confirmed acts; administrative guidance are discretionary administrative act, the executive authorities legally entitled to is based on changes in the situation to judge, decide on administrative guidance. (3) The Chief confirmed that the legal and administrative guidance to different conditions. Acts of administrative guidance based on laws and regulations must be strictly in accordance with legal procedures to make; administrative guidance for the executive based on administrative functions, according to socio-economic development of the special circumstances, take the initiative to make the administrative acts, administrative guidelines, but rather on administrative counterpart of the application for administrative acts.After carrying out a full comparison, the author and from the executive confirmed that the rules were explained in terms of procedure, analysis of China's administrative system and administrative proceedings to confirm the problem, then address these shortcomings, clearly recognized the scope and administrative procedures, improve the administrative proceedings to confirm rules in order to achieve the Chief confirmed systematic localization.