question 2: what are the main contents of administrative actions? The contents of administrative actions mainly include: (1) Giving rights and interests or giving certain rights and interests with the obligation is embodied in giving the opposite party a legal power, right or interest. A certain obligation means that the administrative subject orders the relative person to act or not to act in a certain way. (2) Deprivation of rights and interests or exemption from obligations Deprivation of rights and interests refers to the loss of the original legal power or rights and interests of the administrative counterpart, such as revocation of the license. Exemption from obligation means that the content of administrative act is to relieve the original obligation of the relative person and no longer ask him to continue to perform his obligation. (3) Change of legal status Change of legal status means that administrative actions change the original legal status of the relative person. (4) Confirmation of legal facts and legal status Confirmation of legal facts refers to whether the fact that the administrative subject has a significant impact on a certain legal relationship through administrative actions exists and is confirmed according to law. Confirmation of legal status refers to the identification of the existence and scope of a certain legal relationship by administrative subjects through administrative actions.
question 3: what specific administrative acts include: administrative payment, administrative license, administrative confirmation, administrative expropriation, administrative punishment, administrative compulsory act, administrative ruling, etc. The above are the main specific administrative acts.
question 4: what is the concept of administrative act? Administrative behavior refers to the behavior that the administrative subject exercises administrative functions and powers and can produce administrative legal effects. The concept of administrative behavior includes the following meanings:
(1) administrative behavior is the behavior of the administrative subject
(2) administrative behavior is the behavior of exercising administrative authority and conducting administrative management
(3) administrative behavior is the behavior of the administrative subject that can produce administrative legal effects
the constituent elements of administrative behavior.
(1) subject legality
The so-called subject legality means that the organization that makes administrative acts must have the qualification of administrative subject, be able to make administrative acts in its own name, and be able to bear legal responsibilities independently. According to the relevant laws and regulations of our country, it is the administrative organ or the organization authorized by laws and regulations that can become the administrative subject. And the administrative subject should be an administrative organ established according to law or an organization granted administrative authority according to law.
As administrative actions are usually carried out by specific staff members of the administrative subject, these staff members should have legal conditions to ensure the legality and effectiveness of administrative actions. In addition, the legality of the subject requires that the behavior subject must be the administrative subject, and its behavior must be within the scope of authority. If the administrative subject's behavior is beyond its authority, its behavior is illegal.
(2) The content is legal
Requirements for the content to be legal:
A. The behavior is proved by conclusive evidence and has sufficient factual basis.
B. the behavior has a clear basis and the laws, regulations, rules and other normative documents are correctly applied.
C. The behavior must be fair and reasonable, and conform to the legislative purpose and spirit.
(3) Legality of procedure
Procedure refers to the steps, time limits, etc. through which an administrative act is implemented. Any administrative act must be expressed through certain procedures, and there is no administrative act that is divorced from procedures. Whether the procedure of the act is legal or not affects the legitimacy of the administrative act entity. Procedural legality requirements:
a. Administrative actions conform to the basic principles and systems determined by the Administrative Procedure Law.
B. Administrative actions shall conform to the legal steps and sequence.
(4) The act must be within the authority of the administrative organ, and it is invalid if it is ultra vires
(5) It conforms to the legal form
Question 5: What are the types of administrative acts? 1 points one, administrative expropriation
administrative expropriation refers to the specific administrative act that the administrative organ obtains the property of the relative person free of charge and compulsively according to the provisions of the law.
ii. administrative expropriation
administrative expropriation refers to a specific administrative act in which the administrative subject forcibly expropriates the property or services of the counterpart in accordance with legal procedures for the needs of public interests and gives the counterpart appropriate compensation.
iii. administrative payment
administrative payment, also known as administrative material assistance, refers to a specific administrative act in which an administrative organ provides material benefits or rights related to material benefits to a specific relative person according to law, such as granting pensions, social insurance premiums and minimum living security fees according to law.
iv. administrative rewards
administrative rewards refer to specific administrative actions that administrative subjects give material or spiritual encouragement to citizens, legal persons or other organizations that have made great contributions to the country and society in accordance with legal conditions and procedures, such as national science and technology awards.
v. administrative adjudication
administrative adjudication refers to the act of an administrative organ to examine and adjudicate a specific civil dispute that is closely related to administrative activities between the parties according to legal authorization.
specific circumstances of administrative adjudication
1. dispute over compensation for damages caused by acts in violation of administrative management
2. dispute over ownership of natural resources such as land, minerals and grasslands
3. dispute over property rights of state-owned assets
4. dispute over compensation and resettlement for demolition
5. dispute over compulsory licensing fees for patents
Question 6: Excuse me, administrative actions and specific administrative actions? Thank you. Do they mean the same thing? Thank you. Administrative behavior includes concrete behavior and abstract administrative behavior
Question 7: What are the specific administrative behaviors made by people * * *, which is the sum of a series of administrative measures with the same characteristics. The so-called * * * similarity means that this kind of administrative measure is an act that the state administrative organs do to specific citizens, legal persons and other organizations according to law and can produce administrative legal consequences on specific matters.
refers to the unilateral acts of state administrative organs and their staff, organizations authorized by laws and regulations, organizations entrusted by administrative organs, or individuals who exercise their administrative functions and powers in administrative activities, aiming at specific citizens, legal persons or other organizations, and on specific specific matters, concerning the rights and obligations of the citizens, legal persons or other organizations. In short, it refers to the unilateral acts of the administrative organs on the rights and obligations of specific citizens, legal persons and other organizations in the exercise of administrative power. There are four elements in a specific administrative act:
1. It is an act implemented by an administrative organ, which is the main element. It is not an act implemented by an administrative organ, and it is generally not an administrative act. However, acts carried out by organizations authorized by laws and regulations or organizations entrusted by administrative organs may also be administrative acts.
2. It is a unilateral act in the exercise of administrative power, which is an essential element of establishment. That is, the act can be decided unilaterally by the administrative organ without the consent of the other party, and it will take legal effect after the decision, and the other party has the obligation to obey. If it does not obey, the act can be enforced or applied to the people's court for compulsory execution. If the tax authorities decide the income tax payable by an enterprise, the taxpayer shall implement it. If not, the tax authorities have the right to transfer it from their bank accounts. If the taxpayer refuses to accept it, he must first pay taxes 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 target element. "Specific" refers to a citizen or an organization. If Party A beats Party B and causes minor injuries, the administrative organ detains Party A to protect Party B's rights. This behavior is directed against Party A and Party B, and Party A and Party B are specific citizens. Ding 4. It is an act of making the rights and obligations of a specific citizen, legal person or other organization, which is the content element. If the patent office grants the patent certificate of an invention to enterprise A, the enterprise has obtained the patent right of the invention
Question 8: What is the certainty of the effectiveness of the administrative act? Once it is made, it must not be changed at will, so as to ensure that there will be no frequent changes.
executive power: the administrative subject who made the administrative act has the legal basis to execute the administrative act.
binding force: since the contents of an administrative act are legally binding on the relevant personnel or organizations, the relevant personnel or organizations must abide by and obey them.
public power: whether it is legal or illegal, it is presumed to be legal and valid, and all parties concerned should abide by or obey it first.