Research On The Flaws In The Administrative Registration

Administrative registration act as a kind of common social and economic life ofa specific administrative act, is already integrated into the to explore various aspectsof our everyday life, and the civil rights of citizens, legal persons and otherorganizations are closely related,.At the same time, administrative registration is thenational social affairs for the management control,but due to our national registrationtype is various, distribution is widespread, the administrative registration systemalmost covering all fields of administrative management in our country, such asmarriage registration, real property registration, etc., The laws and regulations byitself is not perfect, the administrative main body or organs inside needs to improvestaff quality, the applicant’s legal consciousness is not strong. In practice, theregistration authority or the other party for the master is not accurate, leads to theregistration defects.The drawbacks of this study is registered, can also be understood as errorregistration, defective administrative registration behavior is still belongs toadministrative behavior, The administrative registration due to the registrationauthority subjective or objective reason, make the registration flaw, According to thepractical experience, this paper analyzed administrative registration and the reasonsfor the formation of defects,According to the above administrative registration for defects to analyze itsformation reasons from subjective and objective aspects, This paper put the defectiveadministrative registration form of summarizing, divided into registration authorityunder the subjective reasons lead to the drawbacks of the administrative registrationand registration authority under the outside objective factors cause the drawbacks ofthe administrative registration. And describe the different types of case..For defective administrative registration of legal effect problem, The authorthinks defect is also the specific administrative act, Administrative registrationbehavior has generally the specific administrative act in the process of legal effect,including presumptive legality, do not change force and executive force and battleforce. Defects, However, the legal effect of registration behavior at heart are effective,some of them are invalid or revocable. In the event of a defect after registration, thecorrection method is according to the defective administrative registration legal force, including correction, cancellation, defeasance and logout.Legal liability is due to the act in violation of the law or fails to perform the legalobligations, or compensation for the damage compensate, accept an obligation of thepunishment. Flaws based on the study of the administrative registration of the legalliability issues will differ according to the responsibility main body, Combined withthe cases to analysis, in the wake of a defective administrative registrationadministrative registration organ and the administrative legal liability.