Research On Authority’s Legal Liability In Administrative Registration

Administrative registration is a common concept in people’s lives,which consists of marriage registration confirming personal rights,real estate registration confirming property rights,and administrative licensing registrations.The legality of administrative registration action relies on the registration authority’s fulfilling legal liabilities.However,the theoretical research on what exactly legal liability consists of is relatively shallow,current legislation is relatively vague,inevitably the disputes appears frequently and there is no sane solution mechanism.This paper needs to define the liabilities,conclude current legislation and judicial cases,point out the existing problems,analyze the reasons,and finally put forward suggestions to solve the problems.This paper consists of four parts expect the introduction and conclusion.The first part is the theoretical identification of authority’s liabilities.According to the content of registration behavior,administrative registration can be divided into two categories,that is confirmation registration and formation registration.The analysis focuses on legal registration liability,due process liability,review liability,error correction liability,reliance interest protection liability,compensation liability and regulatory liability.This paper argues that the current classification of review liability is not effective.The review liability should be divided by orientation.That is capacity-oriented exhaustive capability review liability and target-oriented exhaustive risk review liability.The second part is the current situation and existing problems of confirmatory registration.Taking marriage registration and real estate registration respectively involving personal rights and property rights as examples,this paper presents the legislation status and practical disputes.It is found that there are some problems in the confirmation registration,which are review liability is unclear,review liability is limited,error correction mechanism is incomplete,some problems in judicial case cannot be substantively resolved due to the impact of Lawsuit Prescription System,scope of compensation liability is limited,and shoulder principle of compensation liability is unclearThe third part is the current situation and problem analysis of formative registration liability.Ten kinds of administrative license cases listed in the Interim Provisions on the Causes of Administrative Cases issued by the Supreme People’s Court are selected as examples to demonstrate the legislative status and practical disputes.It is found that illegal cases appear more in franchise right registration of public utility field,review liability is unclear,scope of compensation liability is limited,shoulder principle of compensation liability is unclear,and the quality and efficiency of regulatory liability needs to be improved.The fourth part puts forward suggestions to solve the problems.In terms of legal registration liability,the supervision in key areas and grassroots authority should be strengthened;in terms of review liability,review liability should be clarified and detailed,review capabilities should be improved,construction of the credit system should be improved;in terms of error correction liability,it is necessary to clarify the statutory reasons and procedures for error correction by administrative authority,find a way to substantively correct error registration in judicial case due to the impact of Lawsuit Prescription System;in terms of regulatory liability,it is necessary to clarify the regulatory entities and procedures,innovate regulatory methods,supervise regulatory authority and improve assessment mechanisms;in terms of compensation liability,shouldering principle should be clarified,and gradually broaden the scope of compensation.