Research On The Issue Of Administrative Registration Compensation Liabilit

Administrative Registration refers to the administrative act that the legal administrative organ examines the status of the rights of the registered matters and records the facts in writing.Because it covers a wide range of departments,different standards,in the division of responsibility and responsibility on the existence of a certain degree of ambiguity,administrative registration liability can be found to be insufficient,it is difficult to make clear the basis for the determination of the fault of each party in administrative compensation,the division of the responsibility of each party in various fault situations is not clear in administrative compensation,the general statement is often adopted in the one-way law,in addition,the law goes out many doors,the judicial interpretation of several laws has led to the different nature of the compensation,and the different attitudes of the regional courts towards the determination of the final compensation share and the compensation situation of the third party tortfeasors,there is no uniform standard on how to determine mixed liability,so it is easy to cause confusion in judicial practice.It is urgent to sort out the existing laws and regulations and judicial interpretation,and make clear the responsibility to perfect judicial application.The new “Supreme People’s Court on certain issues in the hearing of administrative compensation cases” brings about new changes in the determination of liability for administrative registration,on the basis of summing up the judicial practice,the author has answered several questions that the subjects of administrative liability should face in the cases of administrative registration compensation in the past,in particular,that the subjects of administrative liability should bear the liability of administrative registration compensation as a legal executive branch,there is a close causal relationship between the violation and the result of the actual damage caused to the interested party by the violation of registration,which was committed without due diligence.For specific situations arising from the difference in the degree of fault and causality between the subjects of administrative liability,such as two or more executive branch with the qualification of independent subjects,the final decision-making organ should be the ultimate duty-bearer,when the judgment of the executive branch depends largely on the relevant information provided by the third party,in this case,the authenticity of the information provided by the third party,whether it is comprehensive and objective,etc..In order to put this regulation into practice and link up the system of administrative registration compensation,we should speed up the clearing up of the old and new regulations and the conflicting legal and regulatory documents at the level of effectiveness,standardize the rules of administrative registration liability,unify the applicable standards of the relevant cognizance in the judicial work,and make clear the classification of the degree of fault of the tortfeasors in the administrative registration compensation cases;Giving full play to the role of supreme law as a guide to cases in order to make the provisions more quickly and better link up with the administrative registration compensation system,and making a trial announcement of mature theoretical and practical results to clarify the circumstances and scope of case retrieval,we should standardize the use of judges’ discretion,establish the concept of co-adjudication,better develop the liability system of administrative registration and improve the legal system of state compensation.