Question 2: What is administrative confirmation? What are its main forms? Answer: Administrative confirmation refers to the specific administrative act that the administrative subject discriminates the legal status, legal relationship and legal facts of the relative person according to law, and gives confirmation, recognition, proof and announcement. There are mainly the following forms: 1 All right. That is to determine the legal status, rights and obligations of individuals and organizations. For example, when issuing land use certificate, homestead use certificate and house property right certificate, determine property ownership, and confirm patent right and trademark right when issuing patent certificate and trademark special certificate. 2. recognition. Also known as authentication. It is the administrative subject's recognition and affirmation of the existing legal status, rights and obligations of individuals and organizations and whether the confirmed matters meet the legal requirements. Such as product quality certification. 3. Proof. That is, the administrative subject clearly affirms to others the legal status, rights and obligations or a certain situation of the object to be proved. Such as various academic qualifications, degree certificates, proof of homestead use, resident status, proof of origin of goods, etc. 4. register. That is, the administrative subject should record a certain situation or fact of the relative person in the relevant register at the application of the applicant, and formally confirm it according to law. Such as housing property registration, household registration, community registration, marriage registration, etc. 5. Administrative appraisal. That is, the administrative subject objectively evaluates the nature, state and quality of a specific legal fact or object. Such as tax appraisal, audit appraisal and accounting appraisal. 6. others.
Question 3: What are the main administrative certifications at the town and street levels? Before the place was sorted out, Shanghai began the power list.
Question 4: What are the main forms of administrative confirmation? A: According to the legal norms and the actual situation of administrative activities, administrative confirmation mainly takes the following forms: (1) confirmation. That is to determine the legal status, rights and obligations of individuals and organizations. (2) recognition. Also known as authentication. It is the recognition and affirmation of the existing legal status, rights and obligations of individuals and organizations by administrative subjects, and whether the confirmed matters meet the legal requirements. (3) proof. That is, the administrative subject clearly affirms to others the legal status, rights and obligations or a certain situation of the object to be proved. (Touch) Register. That is, the administrative subject should record a certain situation or fact of the relative person in the relevant register at the application of the applicant, and formally confirm it according to law. (5) approval. That is to say, after reviewing the application items or some legal acts of the other party, the administrative subject will recognize or agree to those that meet the statutory conditions. (6) certification. That is, the act of examining the legality of a legal relationship and then confirming or proving its effectiveness. Such as the verification of economic contracts by the administrative department for industry and commerce. (7) administrative appraisal. That is, the administrative subject objectively evaluates the nature, state and quality of a specific legal fact or object.
Question 5: What is administrative confirmation? Administrative confirmation refers to an administrative act in which administrative organs and organizations authorized by law identify relevant legal facts according to legal authority and procedures, and determine the legal status of the management counterpart through confirmation and proof. For example, the identification of road traffic accident liability, medical accident liability, disability grade and product quality.
function
Administrative confirmation plays an important role in stabilizing legal relations, reducing various disputes, ensuring social stability and order, and protecting the legitimate rights and interests of citizens, legal persons or other organizations, and has a wide range of applications. The main forms of administrative confirmation are: identification, recognition, proof, registration, recognition, authentication and administrative appraisal.
classify
(1) According to behavioral motives, it can be divided into administrative confirmation by application and administrative confirmation by authority. (2) According to the relationship between administrative confirmation and other behaviors, it can be divided into independent administrative confirmation and subsidiary administrative confirmation. Independent administrative confirmation refers to an independent administrative confirmation act that does not depend on other administrative acts. That is, this kind of behavior is not a necessary prerequisite for the establishment of other administrative acts. Subsidiary administrative confirmation means that other administrative acts depend on the supplement of the administrative act. According to the different objects of administrative confirmation, it can be divided into administrative confirmation of identity, ability (or qualification), fact, legal relationship and right ownership. The administrative confirmation of right ownership mainly includes: administrative confirmation of real estate ownership, administrative confirmation of real estate use right, administrative confirmation of management right and administrative confirmation of industrial property right.
Various administrative confirmations
1, confirmation in public security management
Mainly by the inspection and appraisal of the vehicles, articles, corpses, road conditions and physical and mental state of the parties to the traffic accident; Confirmation of traffic accident grade; Identification of the traffic responsibility of the parties; Judicial expertise of mental illness among plaintiffs in administrative cases who are naturally detained by public security management organs, re-educated through labor, being tried, etc.
2. Confirmation in judicial administration
It mainly includes the notarization of civil legal relations such as contracts, entrustment, wills, inheritance rights, property rights, adoption relations and kinship relations; Proof of identity, education, experience, birth, death, marital status and other facts; Notarization of the authenticity and legal effect of relevant documents.
3. Civil administrative confirmation
The confirmation of civil affairs mainly includes the confirmation of the nature of death and disability of active servicemen; Confirmation of the grade of martyrs memorial building; Confirmation of revolutionary martyrs; Confirmation of marriage and divorce conditions, etc.
4. Confirmation in labor management
The confirmation in labor management mainly includes the confirmation of the causes of casualties and responsibilities; Identification of the causes and responsibilities of boiler and pressure vessel accidents; Technical appraisal of particularly serious accidents.
5. Confirmation in health management
Confirmation in health management mainly includes the confirmation of food hygiene; Discrimination between new drugs and imported drugs; Frontier health appraisal; Grade appraisal of medical malpractice.
6. Confirmation in economic management
Confirmation in economic management mainly includes administrative certification of product standards, identification of measuring instruments and product quality certification; Examination and approval of trademarks and patents; Confirmation of copyright ownership; Confirmation of animal and plant quarantine; Confirmation of aquaculture water surface area; Confirm the ownership and use right of natural resources; Confirmation of invalid economic contracts, etc.
Relationship and difference between administrative confirmation and administrative license
Administrative confirmation has the following characteristics: 1. Administrative confirmation is a basic administrative act. When an administrative subject makes an administrative confirmation, it must be in written form and conform to certain technical specifications. 2. Administrative confirmation is an administrative act. When making administrative confirmation, the administrative subject can only operate in strict accordance with legal provisions and technical norms, respect objective facts, be based on facts and take the law as the criterion, and cannot be discretionary. 3. The external manifestation of administrative confirmation often appears in the form of technical appraisal, which is restricted by technical norms to a great extent, thus determining the legal status, rights and obligations of the administrative counterpart. The difference between administrative license and administrative confirmation. There are both connections and differences between administrative confirmation and administrative license, and the connection between them is mainly manifested in the following aspects: administrative license and administrative confirmation are usually two steps of the same administrative act, usually confirmation first and then permission; Confirmation is the premise of permission, and permission is the result of confirmation. The difference between the two is mainly manifested in the following seven aspects: First, the behavior objects are different. Administrative confirmation refers to the confirmation and recognition of the existing legal status, rights and obligations of the administrative counterpart, mainly referring to the confirmation of identity, ability and facts; The object of administrative license is the right or information that allows the administrative counterpart to obtain a certain behavior. & gt
Question 6: What are the forms of administrative confirmation? There are mainly the following types:
(1) ok. That is to determine the legal status, rights and obligations of individuals and organizations.
(2) recognition. Also known as authentication. The administrative subject is an individual, and all organizations have it.
It has legal status, rights and obligations, and the recognition and affirmation of whether the confirmed items meet the legal requirements.
(3) proof. That is, the administrative subject clearly confirms to others the legal status, rights and obligations of the object to be proved or a certain situation.
(4) registration. That is, the administrative subject should record a certain situation or fact of the relative person in the relevant register at the application of the applicant, and formally confirm it according to law.
(5) approval. That is to say, after reviewing the application items or some legal acts of the other party, the administrative subject will recognize or agree to those that meet the statutory conditions.
(6) certification. That is, the act of examining the legality of a legal relationship and then confirming or proving its effectiveness. Such as the verification of economic contracts by the administrative department for industry and commerce.
(7) administrative appraisal. That is, the administrative subject objectively evaluates the nature, state and quality of a specific legal fact or object.
Question 7: What is the definition of administrative confirmation? Administrative confirmation refers to the specific administrative act that the administrative subject distinguishes, confirms, confirms, proves (or denies) and announces the legal status, legal relationship or facts with legal relationship of the administrative counterpart according to law.
Question 8: What is administrative confirmation? What are its main forms? Answer: Administrative confirmation refers to the specific administrative act that the administrative subject discriminates the legal status, legal relationship and legal facts of the relative person according to law, and gives confirmation, recognition, proof and announcement. There are mainly the following forms: 1 All right. That is to determine the legal status, rights and obligations of individuals and organizations. For example, when issuing land use certificate, homestead use certificate and house property right certificate, determine property ownership, and confirm patent right and trademark right when issuing patent certificate and trademark special certificate. 2. recognition. Also known as authentication. It is the administrative subject's recognition and affirmation of the existing legal status, rights and obligations of individuals and organizations and whether the confirmed matters meet the legal requirements. Such as product quality certification. 3. Proof. That is, the administrative subject clearly affirms to others the legal status, rights and obligations or a certain situation of the object to be proved. Such as various academic qualifications, degree certificates, proof of homestead use, resident status, proof of origin of goods, etc. 4. register. That is, the administrative subject should record a certain situation or fact of the relative person in the relevant register at the application of the applicant, and formally confirm it according to law. Such as housing property registration, household registration, community registration, marriage registration, etc. 5. Administrative appraisal. That is, the administrative subject objectively evaluates the nature, state and quality of a specific legal fact or object. Such as tax appraisal, audit appraisal and accounting appraisal. 6. others.
Question 9: What is the most common external manifestation of administrative confirmation? Administrative confirmation is generally manifested as follows
Determination, approval, certification, registration, approval, verification and administrative evaluation.
Question 10: How to distinguish administrative confirmation from administrative license? Are there any specific cases? The concept and characteristics of administrative confirmation.
Administrative confirmation is an administrative act in which administrative subjects identify, identify, prove and announce certain legal facts, legal relations, rights, qualifications or legal status according to the provisions or authorization of laws and regulations, according to their functions and powers or according to the application of the parties. It has the following legal characteristics: 1. Administrative confirmation is usually based on the administrative act of application, and the administrative subject can confirm the application only after the administrative counterpart makes an application. 2. Administrative confirmation is an external specific administrative act, which consists of a series of procedural elements such as application, acceptance, examination and confirmation, thus constituting a complete administrative confirmation act. 3. Administrative confirmation is an essential administrative act, and the administrative subject must be carried out in written form and meet certain technical requirements. 4. Administrative confirmation is an act with legal effect, which is embodied in certainty, probative force and irrevocable force. 5. The external manifestation of administrative confirmation often appears in the form of technical appraisal, which is restricted by technical norms to a great extent, thus determining the legal status, rights and obligations of the administrative counterpart. Administrative license refers to the act that the administrative organ authorizes citizens, legal persons or other organizations to engage in specific activities according to their applications. There are both connections and differences between administrative confirmation and administrative license, and the connection between them is mainly manifested in the following aspects: administrative license and administrative confirmation are usually two steps of the same administrative act, usually confirmation first and then permission; Confirmation is the premise of permission, and permission is the result of confirmation. The difference between the two is mainly manifested in the following seven aspects:
First, the behavior objects are different. Administrative confirmation refers to the confirmation and recognition of the existing legal status, rights and obligations of the administrative counterpart, mainly referring to the confirmation of identity, ability and facts; The object of administrative license is the right or qualification that allows the administrative counterpart to obtain a certain behavior. Generally speaking, the former already exists, while the latter is not allowed before it is allowed.
Second, the legal effects of acts are different. Acts or positions that are not recognized in administrative confirmation will have invalid results without legal sanctions; In administrative licensing, unauthorized behavior will have illegal consequences, and the parties will be punished by law. That is to say, the legal effect of the former is retrospective, only predicting the future; The legal effect of the latter has retroactivity, but it does not.
Third, the meaning is different. The behavior of administrative confirmation shows the legal recognition, confirmation or negative attitude of the administrative subject to a certain state, event, thing or behavior; The administrative licensing behavior is the behavior of whether the administrative subject approves or agrees the application on the premise of examining and judging the applicant's application.
Fourth, the nature of behavior is different. Administrative confirmation is a kind of affirmative or declarative administrative behavior, which only indicates the state of existence and does not aim at the creation, change or elimination of legal relations. Administrative license, in its normal state (approval), is a formative administrative act to establish, change or eliminate a specific legal relationship.
Fifth, the content is different. The content of administrative confirmation is "neutral", which does not directly set rights or obligations for the parties, and whether it is beneficial or unfavorable for the parties depends on the legal state or factual state existing at the time of confirmation; The administrative licensing act is a beneficial administrative act, which directly benefits the applicant.
Sixth, the way is different. Administrative confirmation includes both confirmation by application and confirmation by authority; However, administrative licensing can only be an administrative act that can only occur upon application.
Seven, different forms of expression. Administrative confirmation can only appear in the form of documents; Although the form of administrative licensing is mainly written, there are also oral and implied licensing methods.