Study On The Boundary Of Administrative Record

In the process of administrative approval reform,administrative record has always been considered as an alternative measure of administrative approval and has been widely applied to administrative supervision.However,the extensive use of administrative record has not brought enough attention to theoretical research.Due to the weakness of basic theories of administrative record and the lack of relevant legislation,the boundaries of administrative record are still not clear.That is to say,the question of which entities can set up administrative record in which areas has not yet been finalized.According to the author's analysis of the legal norms concerning administrative record in the legal system of our country,we find that laws,regulations,rules,and some administrative regulatory documents can be set up for administrative record.For the matters concerning record,in the existing legal norms,apart from the specific provisions of certain local government regulations concerning the scope of the filed matters,laws,regulations,and most of the rules are rarely mentioned,which makes the range of administrative record matters positive in practice.Unlimited expansion to various administrative areas.What is even more serious is that,because the legal nature of administrative record is unknown,many administrative agencies have established many matters in the form of record for administrative licensing and administrative confirmation.In the face of the current status of the administrative record boundary and its problems,the author has comprehensively reviewed the administrative record requirements in the Chinese legal system,clarified the characteristics and problems of administrative record in the legal normative level,and analyzed the causes of the unclear administrative record boundary.The nature of administrative record is not clear.Based on this,it is believed that the establishment of a complete administrative record boundary system in theory should proceed from the following aspects.That is,under the premise of clarifying the essential attributes of administrative record,it is necessary to clarify the considerations for setting up administrative record,the specific content of the administrative record boundary,and the specific measures to ensure that the administrative record boundary is followed.The full text is divided into five parts except introduction and conclusion.The first part mainly explained that in the process of administrative examination and approval reform,administrative record as an alternative measure to administrative examination and approval is expanding into various administrative supervision fields,and gradually becomes the classic administrative management mode in which the government manages the society.However,there is a thorny problem in the current legal practice of administrative record.That is,its borders are not clear.That is,there are no conclusions about which entities can set administrative record in which areas.On the one hand,this has led to the arbitrary establishment of administrative record.On the other hand,some administrative agencies have also established administrative licensing and administrative confirmation in the form of record.The second part mainly deals with the empirical analysis of the administrative record in the legislative practice.Through the analysis of the characteristics and problems of the administrative record at the legal norm level,it is revealed that the main reason for the unclear administrative record boundary in China is that the essential attributes of administrative record are unclear.The third part mainly deals with the proper definition of the essential attributes of administrative record.Through the analysis of the characteristics and functions of administrative record and its position in administrative supervision,the author believes that administrative record as a moderately regulated supervision method is essentially an act of administrative fact and functions as information gathering and administrative supervision.,and there are essential differences between administrative acts such as administrative licensing and administrative confirmation.The fourth part mainly discusses the establishment of administrative record borders.Under the premise of clarifying the attributes of administrative record laws,the establishment of administrative records must pass a proportionality test to ensure that the establishment of administrative record is reasonable.Specific to the content of the administrative record boundary,the right to establish administrative record belongs to the category of legislative power rather than administrative power,and the impact on the rights and obligations of the parties based on administrative record is not a matter reserved for the law.Therefore,laws,regulations,and regulations have the power to set administrative records.For the filed matters,except for areas where administrative power should not be involved,areas where information can be obtained through information sharing mechanisms,and other areas where administrative measures can be more easily supervised,the projects that are filed can cover national security,public safety,human health,and life.Property security,environmental protection,public services,and the management of industries,maintenance of market order and other fields.The fifth part is mainly to explain how to establish the boundaries of administrative record in theory,how to put it into legal practice and how to ensure that the boundaries of administrative record are followed.This requires,on the one hand,the need to clarify the substantive rules and procedural rules set by the administrative record in the legislation.On the other hand,it also needs to clean up the old administrative record requirements suspected of violating the borders,and at the same time ensure the new through administrative internal supervision and external judicial supervision.The establishment of an administrative record conforms to its boundaries.