? Administrative Punishment Law of the People's Republic of China < P >? People's Republic of China (PRC) administrative reconsideration law
? Regulations of People's Republic of China (PRC) Municipality on the Implementation of the Administrative Reconsideration Law
? Administrative supervision law of the people's Republic of China
? Regulations on the implementation of the Administrative Supervision Law of the People's Republic of China
? Industrial injury insurance regulations
? Provisions on handling personnel disputes
? People's Republic of China (PRC) identity card law
? People's Republic of China (PRC) state compensation law
? People's Republic of China (PRC) Public Security Administration Punishment Law
? Land Management Law of the People's Republic of China
? * * * regulations
? People's Republic of China (PRC) meteorological law
? People's Republic of China (PRC) mine safety law
? People's Republic of China (PRC) entry-exit animal and plant quarantine law
? People's Republic of China (PRC) mineral resources law
? People's Republic of China (PRC) coal law
? People's Republic of China (PRC) Railway Law < P >? Reply of the Supreme People's Court Administrative Court on How to Understand the Request for Instructions from Articles 41 and 42 of the Interpretation on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China?
？ Reply of the Supreme People's Court Administrative Court on whether the local SASAC can be the defendant in administrative litigation.
？ Reply of the Supreme People's Court Administrative Tribunal on whether the administrative department for industry and commerce has the right to investigate and deal with unfair competition of insurance institutions.
？ Reply of the Supreme People's Court on How to Deal with Suspected Criminal Offences Found in Administrative Cases of Housing Registration < P >? Reply of the Supreme People's Court Administrative Court on the Collection of Water Resources Fee for Hydroelectric Power Generation and Tubular Cooling Water for Thermal Power Generation in Power Plants Directly under the Central Government < P >? Reply of the Supreme People's Court on whether the public security traffic police department can refuse to issue the motor vehicle inspection mark on the grounds that the traffic violations have not been dealt with.
？ Reply of the Supreme People's Court Administrative Court on whether the environmental assessment permit is the precondition for the administrative department for industry and commerce to issue the business license of individual industrial and commercial households < P >? Reply of the Supreme People's Court on the execution of administrative cases in which the plaintiff's claim is rejected by judgment.
？ Reply of the Supreme People's Court on whether the administrative department for industry and commerce can punish subcontracting in the construction field and the application of law
? Reply of the Supreme People's Court Administrative Court on whether retirees and their current work units constitute labor relations, and whether industrial injuries during work are applicable to the Regulations on Industrial Injury Insurance.
？ Reply of the Supreme People's Court Hunger Trial Chamber on whether employees who are injured by others during study and rest outside should be regarded as work-related injuries.
？ Official Reply of the Supreme People's Court Administrative Tribunal on whether the labor administrative department has the right to confirm labor relations in the procedure of ascertainment of work-related injuries.
？ Reply of the Supreme People's Court Administrative Court on the Understanding and Application of Article 64 of the Regulations on Industrial Injury Insurance
? Official Reply of the Supreme People's Court Administrative Court on Whether the casualties of drivers employed by the actual owners of vehicles affiliated with other units can be regarded as work-related injuries.
？ China * * * Some guidelines for leading cadres to be honest in politics in party member
? Tax inspection rules
? Regulations on the implementation of People's Republic of China (PRC) Audit Law
? People's Republic of China (PRC) tobacco monopoly law implementation regulations
? Provisions on administrative punishment procedures of tobacco monopoly
? Provisions on the administration of registration of foreign-invested partnerships
? Measures for the administration of grain and oil storage
? Meteorological disaster prevention regulations
? Provisions on information protection of domestic enterprises undertaking service outsourcing business
? Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Licensing Cases < P >? China * * * Some Guidelines for Leading Cadres to Be Honest in Politics (Trial)
? Administrative college work regulations
? People's Republic of China (PRC) island protection law
? People's Republic of China (PRC) renewable energy law
? Provisions on the administration of safe broadcasting of radio and television
? Measures for the administration of trademark agency
? Provisions on port operation and management
? Provisions on administrative reconsideration of land and resources
? Provisions on application and use of motor vehicle driver's license
? Provisions on the management of old transport vessels
? Measures for the administration of judicial expertise fees
? * * * Counselor's work regulations
? Insurance company management regulations
? Regulations on the administration of security services
? Measures for the administration of press cards
? China people's discipline regulations
? Regulations of China Municipality on People's Internal Affairs
? Measures for the administration of practicing certificates of lawyers and law firms
? Measures for the administration of township comprehensive cultural stations
? Measures of the Hong Kong Special Administrative Region and the Macao Special Administrative Region for the Administration of Lawyers' Profession in the Mainland after obtaining the legal professional qualification in the Mainland < P >? Measures for the administration of joint ventures between law firms of Hong Kong Special Administrative Region and Macao Special Administrative Region and mainland law firms
? National fitness regulations
? Regulations on the work of head teachers in primary and secondary schools
? Regulations on planning environmental impact assessment
? Law of the People's Republic of China on Environmental Impact Assessment
? Detailed rules for the implementation of Regulations on Waterway Transportation Management
? People's Republic of China (PRC) Highway Administration Bureau * * >>
Question 3: How many laws does the administrative law contain? Politics and law are the sum total of legal norms regulating various social relations in state administrative activities, including general administrative law and special administrative law. 1. General administrative law: administrative reconsideration law, administrative punishment law, administrative supervision law, provisional regulations on state civil servants, etc. 2. Special administrative law: regulations on administrative penalties for public security, customs law, education law, etc.
seeking adoption
question 4: does the construction law belong to administrative law or economic law? Construction law belongs to the administrative law department, so it should be administrative law.
if you don't understand the law and difficulties, you can ask your legal partner to consult a lawyer and seek legal help.
question 5: is the building law a law or an administrative regulation? Law is a legal framework, covering a wide range, while regulations are only some detailed provisions within the legal framework, and there is neither contradiction nor conflict between them. ...
Question 6: Does the construction law belong to administrative law or economic law? Belongs to economic law. Administrative law is pure administrative law, while economic law is a law that covers all fields of economic construction, regulates economic construction and has a condescending administrative nature.
question 7: in China's legal system, which department does the building law belong to?
in China's legal system, there are seven legal departments, namely: 1 constitution and constitution-related laws, 2 civil and commercial laws, 3 administrative laws, 4 social laws, 5 economic laws, 6 criminal laws and 7 litigation and non-litigation procedures.
according to the basic knowledge of law, the legal departments of 1, 6 and 7 can be excluded first. Article 1 of China's "Construction Law" stipulates: "This Law is formulated in order to strengthen the supervision and management of construction activities, maintain the order of the construction market, ensure the quality and safety of construction projects and promote the healthy development of the construction industry." It can be seen that the promulgation of the construction law is mainly to strengthen the supervision and management of construction activities, maintain the order of the construction market, and ensure the quality and safety of construction projects, with a strong administrative color. Of course, the construction law stipulates the rights and obligations of both parties to the construction contract, and also regulates and maintains the social and economic order to a certain extent, involving some criminal provisions and stipulating some links in litigation. The main purpose of legislation is administrative management, so construction law should belong to the legal department of administrative law.
I hope my answer can help you.
question 8: what are the laws and regulations of engineering construction, such as contract law, construction law, bidding law, construction project management regulations, construction project safety production management regulations, construction project survey and design management regulations, construction project environmental protection management regulations and so on?
question 9: the definition of illegal buildings in administrative law is 15 points. Basis for determining illegal buildings
In accordance with the provisions of the Urban and Rural Planning Law, if buildings, structures, roads, pipelines and other projects are built in urban and town planning areas, the construction unit or individual shall apply to the competent department of urban and rural planning of the town people's government determined by the people of the city or county or the people of the province, autonomous region or municipality directly under the Central Government. China's laws clearly stipulate that the demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated. This regulation effectively curbed the survival and spread of illegal buildings and protected the interests of development and construction units. However, in practice, administrative organs and people's courts often ignore the identification of houses, and directly take whether the executed person has a house license as the basis for defining illegal buildings, that is, all houses without licenses are regarded as illegal buildings. In fact, whether it is a citizen's legitimate property must be based on the relevant laws of the country. According to the Urban and Rural Planning Law, the competent department of urban and rural planning of local people's governments at or above the county level or the people's governments of townships and towns are the administrative departments in charge of handling illegal buildings in cities and townships and villages respectively, and they have the administrative law enforcement power to deal with illegal buildings. Of course, they are also the confirmation organs of illegal buildings. Even the people's courts have no right to confirm the nature of illegal buildings in the process of hearing and executing cases.
Article 4 of China's Administrative Punishment Law stipulates: "Administrative punishment follows the principle of fairness and openness. The establishment and implementation of administrative punishment must be based on facts, which are equivalent to the facts, nature, circumstances and social harm of illegal acts. " The author believes that the identification of illegal buildings should consider the provisions of both substantive law and procedural law.
(a) based on substantive law
substantive law and procedural law are the results of division according to legal content. The adjustment of human behavior by law is realized by setting rights and obligations, which are the contents of law. The law with substantive rights and obligations as its content is substantive law, and the law with procedural rights and obligations as its content is procedural law.
from the perspective of substantive law, the main legal basis for local departments at all levels to define illegal buildings is the Urban and Rural Planning Law and the Land Management Law. From the attribute point of view, buildings must rely on land. Without land, buildings cannot exist. Strengthening the control of land use by relying on land management law can effectively limit illegal buildings. Judging from the severity of the violation problem, the illegal buildings in cities are indeed more prominent than those in other places, and most of them can be dealt with according to the Urban and Rural Planning Law. However, the scope of application of illegal buildings defined only by urban and rural planning law and land management law is narrow. In fact, there are many restrictions on illegal buildings in our country, and the scope is also very wide.
In order to rationally develop, utilize and protect water resources and prevent water disasters, Article 24 of the Water Law stipulates: "No building shall be built in river beds or flood areas without the approval of the relevant competent authorities"; In order to strengthen the construction and management of highways and promote the development of highways, Article 56 of the Highway Law stipulates: "It is forbidden to build buildings and ground structures in the building control areas on both sides of highways". Moreover, the substantive laws such as Article 46 of the Railway Law, Article 58 of the Civil Aviation Law, Article 11 of the Cultural Relics Protection Law, Article 18 of the Environmental Protection Law, Article 45 of the Port Law and Article 27 of the Flood Control Law restrict the construction of relevant buildings and structures from different angles, and relevant functional departments must fully consider the above substantive laws when defining illegal buildings.
(II) Based on Procedural Law
Procedural law is a means and method to achieve the purpose of substantive law, and both procedural law and substantive law have "independent value". Statutory construction procedure is an important means to strengthen building management, and its purpose is to restrict and guide buildings to conform to urban and rural construction planning. Therefore, the definition of illegal buildings should also be combined with the provisions of the law on building construction procedures.
At present, China's regulations on housing construction procedures include the Building Law, the Urban and Rural Planning Law, the Regulations on Planning and Construction of Villages and Market Towns promulgated by the State Council, and the Measures for Planning and Construction of Established Towns promulgated by the Ministry of Construction. Among them, the first paragraph of Article 37 of the Urban and Rural Planning Law stipulates: "After the construction projects providing the right to use state-owned land in urban and town planning areas have been approved, approved and put on record by the relevant departments, the construction unit shall apply to the urban and county people's urban and rural planning departments for planning permission for construction land, and the urban and county people's urban and rural planning departments shall verify the location, area and permitted construction scope of the construction land according to the detailed control plan. Paragraph 1 of Article 38 stipulates: "Where the right to use state-owned land is provided by means of transfer in urban planning areas and town planning areas, before the transfer of the right to use state-owned land, the people of cities and counties will * * * urban and rural areas ... >>