Study Of Industry And Commerce Competent Authority In The Review Of The Business Registration Administrative Liability

The problems of administrative legal liability in the registration examination of industrial and commercial enterprises not only accumulate experiences and provide guide for administrative enforcement of industrial and commercial enterprises registration organs and judicial review departments in the trial of enterprises registration examination cases , but also deserve theoretic research and references for the discussion on examination action of industrial and commercial enterprises registration and administrative legal responsibility in the field of administrative law and the exploration on judicial review system in judicial circle. More than that, it is in accordance with the promotion of administration according to law in an all-round way and the establishment of a government with rule of law.The article makes an analysis on the basic concept of administrative legal obligation in the registration examination of industrial and commercial enterprises, and build a research system of administrative legal obligation from both broad and narrow points of view: in the broad sense, start with the duty in the registration examination of industrial and commercial enterprises, pass by with illegality or infringement, administrative liability, attribute to administrative liability and end with the ways of undertaking administrative responsibility and its realization; in narrow sense, the elements and criteria of administrative responsibility in the registration examination of industrial and commercial enterprises have been discussed as an emphasis and core of the whole dissertation.It involves the examination duty in industrial and commercial enterprises registration, which is the basis of administrative liability and also the foundation of the system of administrative liability made in this thesis. The issues and nature of industrial and commercial enterprises registration are first analyzed with a definition of category in this essay. Secondly the examination duty in industrial and commercial enterprises registration is discussed from the aspects of range and criteria.And the article concentrates on the constitution of administrative liability in the examination of industrial and commercial enterprises registration. That is the key of the whole dissertation. First, the affirmation of administrative liability are performed by people's court and industrial and commercial enterprises registration examination organ, which are the two viewpoints established in the paper. Then illegality/ improper/infringement/fault/causation are described as the four elements of administrative liability. From the analysis of numerous real cases, so many worrying problems in the determination and undertaking of administrative liability in the examination of industrial and commercial enterprises registration are disclosed, such as the inconsistency in confirming the illegal facts, the priority between registration action and according civil action and etc. These problems stand for the deficiency in China's judicial review system.Focused on imputation principles of administrative liability, Chapter 4 makes a comparison and discussion on the responsibility for non-fault principle, responsibility for fault principle and presumption of fault principle. Then, considering the distinctiveness of administrative liability in the examination of industrial and commercial enterprises registration, responsibility for fault principle is fit to the inner administrative liability in the examination of industrial and commercial enterprises registration, while presumption of fault principle is appropriate to outer administrative liability.Chapter 4 is about the undertaking forms of administrative liability in the examination of industrial and commercial enterprises registration. Dismissal judgment/ performance judgment and compensation judgment are put forward , with analyses on self-dismissal by registration organ.As the last step of administrative liability system, Chapter 6 makes a discussion on the realization of administrative liability in the examination of industrial and commercial enterprises registration, with the exemption of liability as the key, including exemption causes and situations.In this dissertation, the author collects numerous cases with empirical analyzing tools; Meanwhile semantic analysis is used to confirm the intension and extension of some basic concepts. Jurisprudential analysis is also put into use with the absorption of the theory of legal utilitarianism and positivism, also with the basic "power-duty-liability" principle in Jurisprudence. Comparison is used for the introduction of foreign advanced experiences and transplantation among legal branches is used for the establishment of doctrine of administrative liability in the examination of industrial and commercial enterprises registration. In addition, data/diagram/ mathematical coordinate are also applied to have a vivid illustration.