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Discusses The Administrative Registration The Nature And Judicial Review

Posted on:2012-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2296330335968341Subject:Administrative Law
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Administrative registration, covering almost all areas of administrative management in our country, is a kind of important forms and means of government management. With the development of market-oriented economy and the promotion of national legal construction, the present dissertation has resolved many long-term debated theoretical and practical issues of the legal system of administrative registration in our country, on the basis of collecting and analyzing the legal system of administrative registration. It is of great significance in improving our country’s administrative management, promoting administration according to law, enhancing the effectiveness of supervision by judicial authorities, and strengthening the protection of the legitimate rights and interests of citizens, juridical person and other organizations.Based on the characteristics of administrative registration, the present thesis has summarized its definition of jurisprudence, analyzed its "cross category" legal attribute of administrative action. We take the framework of the traditional administrative action theory as the standard of classifying administrative registration, based on which we divide administrative registration into administrative legal behavior registration, quasi-administrative legal behavior registration and administrative fact behavior registration, for the purpose of establishing principles and standards of judging the properties of different administrative registrations and solving the methods in determining the characteristics of various administrative registration. Meanwhile, in terms of the above classification, we have analyzed the justiciability of registration actions that can directly or indirectly have legal effect, as well as the non-justiciability ineffective registration facts, which has resolved the perplexing issue of justiciability in administrative registration. Then, in terms of expounding the principles of judicial review of administrative registration, this thesis has elaborated the significance of the doctrine of judicial review on the judicial review of administrative registration. Through the analysis of the subject of judicial review, this dissertation has been clear that administrative registration is the target of judicial review. Through the progressive analysis of the standards of registration review and judicial review, this dissertation has illustrated the subjective and objective standards of legitimate review of administrative registration actions. Through the explanation of the classification of the judgment of administrative registration lawsuits, this dissertation has sorted out the legal effects of different judicial reviews. In all, the present paper has explored the issues in administrative registration and judicial review by adopting a progressive research method, so as to solve the problems of judicial review in administrative registration system.
Keywords/Search Tags:Administrative registration, law nature, Judicial review standard, Ruling way
PDF Full Text Request
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