Specific administrative behavior is the sum of a series of administrative measures with different characteristics. The so-called unique characteristics refer to the fact that this kind of administrative measure is an act that can produce administrative legal consequences for specific citizens, legal persons and other organizations carried out by the state administrative agencies in accordance with the law on specific matters.
Refers to the exercise of administrative powers by state administrative agencies and administrative agency staff, organizations authorized by laws and regulations, organizations entrusted by administrative agencies, or individuals in administrative management activities, targeting specific citizens, legal persons, or other organizations , a unilateral act related to the rights and obligations of the citizen, legal person or other organization regarding specific specific matters. In short, it refers to unilateral actions made by administrative agencies in exercising administrative power against specific citizens, legal persons and other organizations regarding their rights and obligations. Specific administrative actions have four elements:
1. It is an act performed by an administrative agency, which is the main element. It is not an act carried out by an administrative agency and is generally not an administrative act. However, actions performed by organizations authorized by laws and regulations or entrusted by administrative agencies may also be administrative actions.
2． It is a unilateral act performed in the exercise of administrative power, which is the founding element. That is to say, the act does not require the consent of the other party, and can only be decided unilaterally by the administrative agency, and the decision will become legally effective. The other party has the obligation to obey. If it does not obey, the act can be enforced or apply to the people's court for enforcement. If the tax authority determines the amount of income tax payable by an enterprise, the taxpayer must implement it. If it fails to implement it, the tax authority has the right to transfer it from its bank account. If the taxpayer is dissatisfied, he must first pay the tax according to the decision and then appeal or sue.
3． It is made to a specific citizen, legal person or other organization, which is the object element. "Specific" refers to a certain citizen or an organization. For example, if A hits B and causes minor injury, and the administrative agency detains A to protect B's rights, the act is committed against A and B, who are specific citizens.
4. It is an act related to the rights and obligations of specific citizens, legal persons or other organizations, which is the content element. If the Patent Office awards a patent certificate for an invention to Company A, the company has obtained the patent right for the invention