Classification of specific administrative actions
Specific administrative actions are divided into: administrative licensing, administrative expropriation, administrative requisition, administrative confirmation, administrative payment, administrative reward, administrative coercion, administrative ruling, administrative Mediation, administrative penalties, administrative guidance, administrative contracts.
Administrative Licensing
Meaning Administrative Licensing refers to the issuance of permits, licenses, etc. by the administrative subject based on the application of the administrative counterpart and after legal review under the circumstances generally prohibited by law. form, conferring or confirming the administrative counterparty
The meaning of administrative expropriation
The meaning of administrative expropriation refers to the administrative subject relying on the state's administrative power based on the needs of national interests or public interests. Administrative actions that compulsorily collect taxes, fees, and other property rights in land, enterprises, etc. from administrative counterparts in accordance with the law.
Administrative expropriation
Meaning Administrative expropriation refers to the administrative subject compulsorily collecting the property use rights or labor services from the counterparty based on the needs of the state and public interests, and providing corresponding compensation. administrative action.
Administrative confirmation
Meaning Administrative confirmation refers to the administrative subject's screening of the legal status, legal relationship or relevant legal facts of the administrative counterpart in accordance with the law, and to confirm, identify, prove (or deny) ) and declare it.
Legal Basis Article 2 of the "Regulations of the People's Republic of China on Certification and Accreditation": "Certification as mentioned in these regulations refers to certification by certification agencies that products, services, and management systems comply with relevant technical specifications, relevant Compulsory requirements of technical specifications or conformity assessment activities of standards
The accreditation referred to in these regulations refers to the accreditation agencies’ accreditation of certification bodies, inspection agencies, laboratories and personnel engaged in review, audit and other certification activities. Conformity assessment activities that recognize abilities and professional qualifications”
Administrative benefits
Meaning Administrative benefits refer to administrative benefits when citizens are old, ill, or lose the ability to work, or otherwise. Under special circumstances, it is an administrative act to grant certain material rights or material-related rights and interests in accordance with relevant laws and regulations.
The law stipulates that Article 12 of the "Law of the People's Republic of China on the Protection of Disabled Persons": "The state and society shall pay special attention to disabled military personnel, persons disabled in the line of duty, and other persons disabled in order to safeguard the interests of the country and the people." Special protection is provided to personnel, and pensions and preferential treatment are given. ”
Administrative rewards
Meaning Administrative rewards refer to administrative entities fully mobilizing and stimulating people’s enthusiasm in order to commend the advanced and encourage the underachievers. and creativity, in accordance with legal conditions and procedures, specific administrative acts that provide material or spiritual rewards to administrative counterparts who have made outstanding contributions to the country, the people and society or who have exemplary compliance with disciplines and laws.
The law stipulates that Article 15 of the "Science and Technology Progress Law of the People's Republic of China": "The state establishes a science and technology reward system to reward organizations and individuals who have made important contributions to scientific and technological progress activities. Grant rewards. Specific measures shall be stipulated by the State Council.
The state encourages domestic and foreign organizations or individuals to set up scientific and technological awards to reward scientific and technological progress. ”
Administrative enforcement
Meaning Administrative coercion refers to the measures taken by administrative subjects to coerce the person, property and freedom of the counterparty in order to achieve administrative purposes and in accordance with legal powers and procedures.
Legal basis: Article 2 of the "Administrative Enforcement Law of the People's Republic of China": "The term "administrative enforcement" as mentioned in this law includes administrative enforcement measures and administrative enforcement.
Administrative enforcement Compulsory measures refer to administrative agencies imposing temporary restrictions on the personal freedom of citizens in accordance with the law, or imposing restrictions on citizens, legal persons or other The act of temporarily controlling an organization's property
Administrative enforcement refers to the act of an administrative agency or an administrative agency applying to the people's court to force citizens, legal persons or other organizations to perform their obligations in accordance with the law. "
Administrative adjudication
Meaning Administrative adjudication refers to matters that occur between the parties and are closely related to administrative activities and have nothing to do with contracts, and are authorized by administrative agencies in accordance with the law. An administrative act that examines civil disputes and makes rulings.
The law stipulates that Article 57 of the "Patent Law of the People's Republic of China": "The unit or individual that obtains the compulsory license shall pay the patentee a reasonable royalty, or in accordance with the provisions of the People's Republic of China The amount of royalties to be paid shall be negotiated by both parties in accordance with the relevant international treaties to which China is a party. If the two parties cannot reach an agreement, the patent administration department of the State Council shall make a ruling.”
Administrative mediation
Meaning Administrative mediation refers to administrative mediation hosted by administrative agencies, based on national policies and laws, based on the principle of voluntariness, and through persuasion and education methods to encourage both parties to negotiate amicably and reach an agreement to resolve< /p>
Administrative Penalty
Meaning Administrative Penalty refers to the administrative body’s efforts to punish offenders and encourage them to not commit the crime again in the future, effectively implement administrative management, and safeguard public interests and social order. , for the purpose of protecting the legitimate rights and interests of citizens, legal persons or other organizations, in accordance with the law, administrative actions that impose personal, property or reputational and other forms of legal sanctions on the administrative counterpart for violations of administrative legal norms that do not constitute a crime.
If there is no legal basis or legal procedures are not followed, administrative penalties will be invalid. ”
Administrative guidance
Meaning Administrative guidance is the use of non-coercive means by administrative agencies to obtain specific people, enterprises, social groups, etc. within the scope of their jurisdiction. The consent or assistance of the counterparty guides the administrative counterparty to take or refrain from taking certain actions to achieve certain administrative purposes.
Administrative contract
Meaning Administrative contract refers to the behavior to achieve certain administrative purposes. Administrative objectives are a contract concluded between the administrative counterpart and the counterparty based on mutual consent.
Legal basis
Article 13 of the Constitution of the People's Republic of China. : “Citizens’ legal private property shall not be infringed upon.
The state protects citizens’ private property rights and inheritance rights in accordance with legal provisions.
For the needs of public interests, the state may expropriate or expropriate citizens’ private property and provide compensation in accordance with legal provisions. "
Article 2 of the "Regulations of the People's Republic of China on Certification and Accreditation": "Certification as mentioned in these regulations refers to the certification by the certification body that products, services, and management systems comply with relevant technical specifications and relevant technologies. Standard mandatory requirements or standard conformity assessment activities.
Article 9 of the "Public Security Management Punishment Law of the People's Republic of China": "For violations of public security management such as fighting or damaging other people's property due to civil disputes, if the circumstances are relatively minor, the public security organs shall It can be handled through mediation. If the parties reach an agreement through mediation, no punishment will be imposed. If an agreement is not reached after mediation or the agreement is not fulfilled, the public security agency shall impose penalties on the person who violates public security management in accordance with the provisions of this law and notify the parties. Civil lawsuits can be filed with the People's Court in accordance with the law. ”