Administrative registration is divided into administrative license registration, administrative confirmation registration and other administrative registration, and the scope of administrative registration is greater than that of administrative license registration.
There is a difference between administrative registration and registration in administrative licensing classification.
1, registration in the classification of administrative license belongs to administrative license, which is the determination of establishing a specific legal relationship. Its nature is to determine a specific subject qualification, and its main function is to prove and publicize. Before registration, the relative person can't obtain this subject qualification, such as enterprise registration. In the registration license, the administrative organ has certain discretion, and will review the relevant qualifications of the relative person, and will not grant registration to those who do not meet the conditions.
2. Administrative registration is a means for administrative organs to manage by issuing certificates or other supporting documents. Its purpose is to establish an order, and the result will not make the counterpart obtain the qualifications and rights to engage in certain acts. Administrative registration belongs to fulfilling obligations in most cases, such as tax registration. In addition, administrative organs generally have no discretion in administrative registration procedures. As long as there are facts that conform to the law, administrative organs must register them.
Is marriage registration an administrative license?
Marriage registration is not an administrative license. In nature, marriage registration belongs to administrative confirmation;
That is, the administrative organ determines the existence or non-existence of a fact or legal relationship according to legal procedures and requirements, and its purpose is to confirm whether there is a marriage relationship between the parties according to law.
Legal basis:
Article 1049 of the Civil Code stipulates that both men and women who want to get married should apply for marriage registration in person at the marriage registration office.
Those who meet the requirements of this law shall be registered and issued a marriage certificate. The marriage relationship is established when the marriage registration is completed. If the marriage registration is not completed, it shall be re-registered.
Administrative Licensing Law of the People's Republic of China
Article 2 The term "administrative license" as mentioned in this Law refers to the act that an administrative organ grants a citizen, a legal person or any other organization to engage in a specific activity upon application and examination according to law.
Industrial and commercial business license is an administrative license approved by the industrial and commercial department to carry out business activities in its business premises according to law.