Research On The System Of Registration Administration In China

All kinds of administrative registration involves the social life of all trades and professions, almost covering many fields of administrative management, the vast majority of government departments use administrative registration method of this one management. Administrative registration is a rich connotation of administrative act, and any other law, administrative registration also has certain social functions, such as record filing, demonstrative, the confirmation, the social management, master of information, gave effect. In general, the administrative registration as a means of management, social services, regulation of social order. People can also meet the " registration " this recurring vocabulary. But because of the nature of no uniform definition, together with the review, criteria for the disorder, the inevitable emergence of registration error. When the error affect or impair the interests of the parties, the parties and the registration authority will often fall into a dispute, and then enter the judicial process. Therefore, give full play to the administrative registration due function, role, not only is the registration authority or the registration of the applicant’s own problems, but also to the whole social order problems, to our country the administrative registration legal system undertakes combing, conformity and perfect, solve our country administrative registration legal system of long-term existence of many problems in theory and practice, to promote the our country government management level, promoting the rule of law, strengthens to the citizen, legal person and other organization legitimate rights protection is of great significance.The author attempts from the five part of the administrative registration were studied. The first part is introduction. Mainly from the actual examples of the expression study of administrative registration reason, starting point, analysis and ultimate purpose. The second part of the connotation of administrative registration of deconstruction, mainly on the scholars of administrative registration statement differences and the reasons of the difference and the nature of administrative registration to elaborate, and the analysis of the types of administrative registration. Through the research of many scholars on the concept of administrative registration generalization, author of "abandoning simplifying the administrative registration ", defined as " the administrative organ by the relative application or in accordance with the mandate, according to need the registration matters to review and judge, and these facts and circumstances are recorded in the register of administrative behavior ". So the administrative registration body, cause, process and consequence are included, fully illustrated the main administrative official, cause ambiguity, process legal and results in four. And in the academia to the administrative registration properties of different views on the nature of administrative registration, the author puts forward his own opinion: administrative legal act is the administrative organ for the behavior main body understanding expression or meaning according to the law, judging and confirming, made to the administrative relative person directly or indirectly contribute to the administrative legal effect of administrative act. The administrative fact behavior is the administrative organ in the law is not the case, not to change the administrative legal relations for the purpose, to make an impact in the official acts of state. The nature of administrative registration fusion of administrative acts and administrative fact behavior of both property. Further the author adopts the professor Hu Jianmiao’s viewpoint, the administrative registration for licensing registration confirm registration, filing, registration.The third part examines the effectiveness of administrative registration and the responsibility, namely the effectiveness of administrative registration, why has this effect, as well as the error responsibility. From the significance of system to will, of a legal, regulations and system if you do not play a certain effect, then there is no value. Thus, the author of the administrative registration potency has carried on the analysis, obtained as a kind of administrative behavior has once the registration procedures according to law completed to determine force and trust registration will obtain rights credibility. Through the above two kinds of effect, protect parties. However, because of the nature of administrative registration by the registration authority for registration, examination of the application materials degree is very limited, only in terms of limits, ability and range of application materials for compliance with statutory formal requirements review, to will review the responsibilities to the authenticity of material category. In this review the standards, even if the registration authority to do the necessary job duty, as a result of a lot of false application materials, documents, the signature is not, according to the fact that his registration changes due to the registration error is inevitable, which may be formed by registration of illegal act. Therefore, the author of the responsibility of administrative registration are analyzed.The fourth part is based on the analysis of the current situation of administrative registration, with Jilin province local regulations and rules as the object of analysis, summarized our country administrative registration problems. In the function, logic is not rigorous, semantic unification; administrative registration behavior properties in fuzzy; bearing the approval, the lack of a unified standard of review and the way; registration formalities, the standard, individual registration is necessary to discuss; registration system is not enough perfect, responsibility is not clear. Taking Haikou City real case shows except in the regulations, regulations exist certain problems in the practical application, the issue is more outstanding also.In the fifth part, from the administrative registration problems, discusses on how to improve the idea of administrative registration. Put the following five ideas, namely to improve the legislative language certainty; from management standard to service idea transformation; grasp the administrative registration legal attribute, clear review, standard; grasp the administrative registration legal attribute, clear, clear standard of review; registration authority to register with the administrative party should bear the legal responsibility; perfect the system of judicial review of the administrative registration, clear the distribution of burden of proof.