Legal analysis: 2. What are the types of administrative rulings?
According to China's current laws and regulations, the types of administrative rulings are:
1, infringement dispute
Infringement disputes are disputes arising from the infringement of one party's legitimate rights and interests by another party. When the legitimate rights and interests of one party involved in administrative management are infringed by another party, the parties may apply to the administrative organ for stopping and deciding compensation according to law, and the administrative organ shall make a ruling on the dispute. The law clearly stipulates that the administrative subject can make a compulsory compensation award for the damage caused by the infringer's infringement while dealing with the illegal act. For example, Article 55 of the Law on the Prevention and Control of Water Pollution stipulates that "units that cause water pollution hazards have the responsibility to eliminate the hazards and compensate the units or individuals that directly suffer losses. Disputes over the liability for compensation and the amount of compensation may be handled by the environmental protection department or the navigation administration organ of the transportation department at the request of the parties; If a party refuses to accept it, he may bring a lawsuit to the people's court. The parties may also bring a lawsuit directly to the people's court. "
2. Compensation for disputes
Compensation, explained in modern Chinese, means "making up for losses and consumption, making up for deficiencies and differences". In legal terms, it refers to compensation for losses caused by property infringement, focusing on deprived property and making fair compensation. For example, Article 14 of the Regulations on the Management of Urban House Demolition stipulates that "if the demolisher and the demolished cannot reach an agreement on the form and amount of compensation, the area and place of resettlement, the transition mode and transition period of relocation, the competent department of house demolition that approved the demolition shall make a ruling." Compensation also involves compensation for grassland, water surface, tidal flat and land expropriation.
3. Disputes over damages
A dispute over damages is a dispute caused by asking the infringer to pay damages after one party's rights and interests are infringed. Such disputes usually exist in food hygiene, drug management, environmental protection, medical and health care, product quality, social welfare and so on. In the event of a dispute over compensation for damages, the person whose rights and interests have been damaged may request the relevant administrative organ to make a ruling according to law, confirm the liability for compensation and the amount of compensation, so that his infringed rights and interests can be restored or compensated. For example, Article 4 1 of the Environmental Protection Law stipulates: "Those who cause environmental pollution hazards shall have the responsibility to eliminate the hazards and compensate the units or individuals directly damaged. Disputes over the liability for compensation and the amount of compensation may be handled by the competent administrative department of environmental protection or other departments exercising the power of environmental supervision and management according to law at the request of the parties. "
4. Ownership disputes
Ownership dispute refers to the dispute between two parties over the ownership or use right of a property, including the ownership dispute of natural resources such as land, grassland, water, beaches and minerals. Both parties may request the administrative organ to confirm and make a ruling according to law. For example, Article 13 of the Land Management Law stipulates: "Disputes over land ownership and use rights shall be settled by the parties through consultation; If negotiation fails, it shall be handled by the people's government. Disputes over land ownership and use rights between units under ownership by the whole people, units under collective ownership, and units under ownership by the whole people and units under collective ownership shall be handled by the people's governments at or above the county level. Disputes over land use rights between individuals, between individuals and units under ownership by the whole people and units under collective ownership shall be handled by people's governments at the township or county level. " The people's government's handling of land ownership disputes is an administrative ruling.
5. Property rights of state-owned assets
For example, Article 29 of the Interim Measures for the Definition of Property Rights of State-owned Assets and the Handling of Property Rights Disputes stipulates: "Disputes arising from the right to operate and use state-owned assets between units owned by the whole people shall be settled by the parties through consultation on the premise of safeguarding the rights and interests of state-owned assets. If no settlement can be reached through consultation, it shall apply to the state-owned assets management department at the same level or at the next higher level for mediation and adjudication. When necessary, the people's government that has jurisdiction over the times, the State Council has the final decision. "
Compulsory patent license as stipulated in Article 54 of the Patent Law: "A unit or individual that has obtained a compulsory license for exploitation shall pay a reasonable royalty to the patentee, the amount of which shall be negotiated by both parties; If the two parties cannot reach an agreement, it shall be decided by the patent administration department of the State Council. "
6. Economic compensation
The so-called disputes over labor wages and economic compensation refer to disputes arising from employers' deduction of wages or unreasonable arrears of wages, refusal to pay workers wages for extended working hours, payment of wages below the local minimum wage standard, or failure to give economic compensation to workers according to law after the termination of labor contracts. For example, Article 9 1 of the Labor Law stipulates: "If an employer infringes upon the legitimate rights and interests of workers in any of the following circumstances, the labor administrative department shall order it to pay the wages and economic compensation to the workers, or it may order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) Refusing to pay overtime wages to laborers;
(3) Paying workers' wages below the local minimum wage standard;
(4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract. "
7. Civil disputes
For example, the Measures for Handling Civil Disputes promulgated by the State Council stipulates that grassroots people's governments can try civil disputes according to law. The people's governments at the grass-roots level shall make a decision on handling civil disputes, which shall be affixed with the seal of the people's governments at the grass-roots level after being approved by the person in charge of the people's governments at the grass-roots level and signed by the judicial assistants. The decision made by the grassroots people's government must be implemented by the parties concerned. If you have any objection, you can bring a lawsuit to the people's court on the original dispute after the decision is made. If neither prosecution nor execution is carried out for more than fifteen days, the grass-roots people's government may, upon the application of one party, take necessary measures within its functions and powers to implement it.
From the above information, we can know that administrative adjudication is an administrative act, which deals with civil disputes. There are roughly nine types of administrative rulings, and they cover a wide range, but all these disputes have a common feature, that is, they are related to administrative management. The administrative organ or the authorized handling organ must handle these affairs in accordance with the established rules.
Legal basis: Article 64 of the Exit and Entry Administration Law of People's Republic of China (PRC): If a foreigner refuses to accept the measures taken against him in accordance with the provisions of this Law, such as continuing interrogation, detention review, limiting the scope of activities or deportation, he may apply for administrative reconsideration according to law, and the decision of administrative reconsideration shall be final.
Article 30 of the Administrative Reconsideration Law of People's Republic of China (PRC) stipulates that according to the decision of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to demarcate, adjust or expropriate land, the administrative reconsideration decision of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to confirm the ownership or use right of land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches, sea areas and other natural resources is final.
Article 14 of the Administrative Reconsideration Law of People's Republic of China (PRC): Anyone who refuses to accept the specific administrative act of the the State Council department or the people's government of a province, autonomous region or municipality directly under the Central Government shall apply for administrative reconsideration to the the State Council department or the people's government of a province, autonomous region or municipality directly under the Central Government that has made the specific administrative act. If he refuses to accept the decision of administrative reconsideration, he may bring an administrative lawsuit to the people's court; You can also apply to the State Council for an award, and the State Council will make a final award in accordance with the provisions of this Law.