Administrative Designation

Administrative designation is a special abstract administrative behavior that appears widely in administrative regulations and practices all over the world. Nowadays, there is not sufficient academic research on administrative designation yet, which for one reason, is because the importance of this behavior has not been realized by domestic or foreign scholars. In the area of health and environment, Administrative designation plays an important role by offering instructions and definitions. It is the foundation to operate follow-up administrative behaviors, and also to offer help in deciding whether the government should forbid the out-listing substances or to protect the listing species or not. Legality, stringent of the designation process includes the quality and effectiveness of follow-up administrative behavior, which will be a crucial point in lawsuit cases.Therefore, it is necessary and beneficial to analyze the nature, features and process of the administrative behavior. Through the researches the authors has done about regulations and practices in Japan, the US, Europe, and especially in China, this article proposes that the administrative designation is a special abstract administrative behavior. This article will also fill in the blanks by systemically, deeply analyzing the nature, features and process of the administrative behavior.Apart from the foreword, this article includes five chapters.Chapter one: Analysis of the legal system. After summarizing a large number of laws and regulations in China, the author finds out that there is a huge number of administrative designations existed. According to the purpose of the designations, they can be divided into three categories. Then we will outline the patterns and features of administrative designation through designated objects, agencies and authorized regulations, according to furtherly analyze regulations and practices in Japan, the US, and Europe.Chapter two:Properties and features. After the research in Chapter one, we are going to define the administrative designation, that the administrative designation is an abstract administrative behavior which explains an uncertain concept in law by limiting range, interpretting the meaning, listing objects, summarizing features and etc. It will be added and modified continuously in the future. After giving the preliminary definition and combining the foreign administrative practices, the author has summarized the properties and features of this administrative behavior further, which is that the administrative designation is an abstract and directly property oriented administrative behavior, which is also continuous and no benefits granted.Chapter three:Comparison with other concepts. The author distinguishes the difference between the administrative designation and other concepts such as administrative confirmation, administrative licensing, criterions and legal constructing.Chapter four: Procedure. Administrative process is an essential part of the research to a new administrative designation system. Especially administrative designation interprets or limits an uncertain concept, a great discretionary power is authorized to the designator by laws and regulations, which means the procedural regulation for the designator is more necessary. Although some foreign administrative practces, laws, regulations and cases involve the process of the administrative designation, they are fragmented totally. By comparing administration practices across the world, with its definition and Due Process of law, the author pulls out some key processes to try to establish the system of administrative designation process. It generally includes several steps:starting, investigating, listening, revocating and changing, publiciting, internal oversighting and legal relief. And the investigating process can be divided into several categories:criterions and conditions, related factors, scientific assessment and risk assessment and etc.The last chapter:Conclusion. In this chapter, the author has an alternative suggestion for the establishment of administrative designation regulations system, which is:administrative agencies need to be active, scientific, and strict evaluation need to be established with the operations and anticipation of trade associations, scientific communities and the public. At last, we prospect that administrative designation regulations will attract more attention and will be established in China step by step eventually.