Administrative Record Several Issues Research

Administrative record is a widely used administrative method, but presently, the academic circles still have a dispute on its basic theory. The concrete practice and the theoretical research are in a state of imbalance, so it’s urgent to combine the practice of the administrative record system with a comprehensive system of theoretical research. This article aims to systematically sort out the theory of the administrative record, compare with approximate concept, to define both the connotation and extension of the administrative record. The article is divided into four parts:The first part analyzes the basic theory of the administrative record. Through the analysis of the main body of the administrative record, content, nature, value and function, combined with the existing laws and regulations, the administrative record is a factual behavior which based on the materials of administrative relative person offered by authorized subjects.The second part analysis the problems of the administrative record in our country.In practice, administrative record setting and implementation of the program is not standard, the relief way is not perfect. Need to restrict set the subject and scope of administration for the record, standardize the procedures of administration for the record, and apply the appropriate relief way.The third part studies on the problems of setting and implementing administrative record in practice. It should not be too loosen on setting subject of administrative record. The settings should be based on the laws and regulations; setting area should also be adhering to the principle of moderation. For the matters which can not be solved by private parties, setting record could be used; the implementation of the administrative record should follow the legitimate and reasonable principle in accordance with the relevant provisions of the procedures, and also consciously accept the public supervision.The forth part discusses the responsibility and relief of the administrative record. In the process of implementing the administrative record, it should be paid attention to the responsibility of the main body of the administrative record and the responsibility of the relative person. In order to solve the disputes of administrative records and protect the rights and interests of the relative people, the administrative factual act of the administrative records should be included in the scope of administrative reconsideration and administrative litigation.