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Filing of administrative and legal concepts attribute analysis

Author: JiangXue
Tutor: LiuFei
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative record Facts behavior Administrative procedures
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 246
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Abstract


Administrative record as a common administration tools, a high frequency of occurrence in the laws and regulations of . But many of the legal documents but did not have a clear definition of the concept of the administrative record and attributes . Because legislators in legal documents to life terms for use of the term record , but not be limited to the description of the , far too casual. Vague legislation to bring a lot of confusion practice and annoyance . In practice, approval, approval , license, registration and other relations between the legal concepts unclear , \So in practice it appeared the executive to \Type behavior of complex filing provisions scattered, difficult way of thinking , a wide range of knowledge to understand the administrative record. Provisions relating to the imperfect operation difference , examine the obligations of the filing office is not clear , leading authority and responsibility to review the existence of a conflict , the most critical is the confused nature of the record is unclear , affecting the effectiveness of the record . Based on this, the core of this paper is to discuss the concept of the administrative record and legal nature . I believe that the administrative record is the administrative organ for the collection and administration -related information , the strengthening of administrative supervision and inspection , according to the requirements of citizens , legal persons and other organizations to submit relevant materials and administration , and the submitted material collection, collation , archived for future reference behavior. Citizens , legal persons and other organizations do not submit material related behavior does not affect its engaged . Legal property administrative record, if viewed from the perspective of the executive authorities, executive authorities have the obligation to record material only form of review , the administrative record on the type of behavior should be attributed to the fact that behavior ; if viewed from the perspective of a relative who , due to the administrative record does not affect the substantive rights and obligations of the contract, regardless of whether the filing will not affect the relative freedom to engage in related activities , and therefore the administrative record in terms of the relative who is a procedural obligation . The main subject of this paper consists of four parts. The first part of the first appeal by the Dong Zhengwei Beijing Branch of Industrial and Commercial Bank of China Limited savings contract dispute case , leads to the administrative record. For the record the nature of the dispute which indicates the theme of the article, and the status of the administrative record will be briefly summarized . The second part of the administrative record for the concept , regulations and administrative procedures from the perspective of the existing literature , laws and regulations, administrative inspection record , combined with the \to define the concept of the record . The third part , the clearance on the basis of the concept , that the nature of the administrative record . Through the introduction of many to explain the nature of the record , and the administrative record compared with similar administrative action from two perspectives to examine the administrative record. From the perspective of the executive authorities of view, the fact that the administrative record attributed to administrative acts . From the perspective of administrative counterpart , administrative filing is a procedural obligations . The fourth part , the case raised by the regression first chapter , split definitions and nature of the administrative record , for a brief description of the specific cases , respectively . This paper uses a literature review , comparative analysis, theory with practice and other research methods .

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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