| The issues related to administrative registration have been discussed and studied since the late 1990 s,but the research content is relatively simple,so far no general conclusion has been reached.With the increasing complexity of social relations and the deepening of communication between public and private subjects,administrative registration,as a tool to maintain social normal order and provide public publicity and credibility,is also facing many challenges.The main challenge is to identify what registration is,how it is used and where to draw the line from other administrative activities.Because the basic concept of the administrative registration is vague,the resulting administrative litigation cases also increased year by year,especially in the field of commercial registration of real property registration and,due to the registration of legal relationship is relatively complex,each link contains the contradiction is more outstanding,embody the contradiction between form of review and examination as to substance,registration authority power and the contradiction of the other party autonomy,The contradiction between registration efficiency and registration correctness.Adhere to the fundamental guidance of Marxist legal philosophy,adhere to Xi Jinping Thought on the rule of law as the central idea,and adhere to the people-centered and theory with practice as the specific method.Combined with the views of public service theory,balance theory and control theory of administrative law,the legal norms of administrative registration and judicial adjudication cases are analyzed by using the root-rooted analysis method and Nvivo qualitative analysis software.It is hoped that the connotation and extension of administrative registration will be derived after qualitative analysis,and the dilemma of administrative registration will be analyzed in depth.Through the analysis results,the dilemma of administrative registration is further analyzed,and the three basic theories of administrative law are combined with the three basic theories of administrative law,namely public service theory,control theory and balance theory,and the legal regulation suggestions for the administrative registration dilemma are put forward in an orderly manner.The legal regulation of administrative registration can be divided into four angles,namely the legislative angle,the judicial angle,the enforcement angle and others,not only from the perspective of legal norms,but also combined with the achievements of today’s information technology revolution,exploring the combination of information tools and legal regulation content,and exploring the new form of "legal science as the body and information as the use".Through the writing of this article,I hope to promote the improvement of the quality and efficiency of administrative registration activities,strengthen the ability of administrative registration to publicize credibility,save administrative and judicial resources,and improve the overall operational efficiency of society. |
