Types include:
1. Administrative license: refers to the specific administrative act that the administrative organ grants the relative person the legal qualification to engage in a certain activity or the legal right to carry out a certain act according to the application of the relative person by issuing permits and licenses.
Non-administrative licenses are listed by analogy. Specific licensing and non-licensing items shall be subject to the results of cleaning and identification after the implementation of the Administrative Licensing Law.
2. Administrative penalty: refers to a specific administrative act that an administrative organ with legal jurisdiction gives administrative sanctions to citizens, legal persons or other organizations that violate the norms of administrative law and do not constitute a crime in accordance with legal authority and procedures. The "administrative punishment" column should be based on the specific illegal acts stipulated in each separate law, and each specific illegal act should be filled in with an "administrative punishment". Administrative punishment includes:
(1) warning (including informed criticism, order for review, order for repentance, etc.). Warning belongs to Shen Cheng punishment, which is a kind of punishment that affects the reputation of the other party and exerts certain mental pressure on the other party.
(2) fine.
(3) Confiscation of illegal income and illegal property. The so-called confiscation of illegal income refers to the punishment form that the administrative organ nationalizes the property obtained by the relative person through illegal acts according to law; Confiscation of illegal property refers to the form of punishment that the administrative organ nationalizes prohibited items or tools used to commit illegal acts according to law. Such as obscene videos and illegal publications.
(4) withholding or revoking the permit or license.
(5) ordered to stop production and business.
(6) administrative detention.
(7) Other administrative penalties stipulated by laws and administrative regulations.
3. Administrative coercion: There are two kinds of administrative coercion. One is administrative coercive measures, which refers to a specific administrative act that the administrative organ forcibly restricts the personal freedom and property of the counterpart in order to prevent or stop the developing or possible illegal acts, dangerous situations and adverse consequences, or to preserve evidence and ensure the smooth investigation and handling of cases. It is also called "immediate coercion". The second is administrative enforcement, which means that when citizens, legal persons or other organizations fail to perform their obligations in administrative law within the time limit, the administrative organs take necessary compulsory measures according to law to force them to perform their obligations or reach the same state as performing their obligations.
Administrative coercive measures include:
(1) Personal coercion. Such as compulsory detention, compulsory detoxification, compulsory detention, compulsory restraint, compulsory isolation, compulsory treatment, compulsory detoxification, compulsory summons, compulsory performance, compulsory service, forced removal from the scene or dispersal of troublemakers in public places, etc.;
(2) coercion of property. Such as seizure, seizure, freezing, etc.;
(3) coercion of behavior: compulsory permission, etc.
administrative enforcement includes: forced allocation, forced withholding, forced demolition, forced destruction, sale at a different price, forced payment and forced return.
4. Administrative expropriation: refers to a specific administrative act that the administrative organ obtains the property ownership of the opposite party by compulsory means according to the law.
There are the following types of administrative collection:
(1) Tax collection. Including national tax, local tax and tariff.
(2) The collection of administrative charge includes: the collection of environmental protection fees. Such as the collection of sewage charges; Collection of resource fees. Such as the collection of mineral resources fees and water resources fees; Collection of construction fund fees. Such as the collection of funds for key water conservancy and electric power construction projects, the collection of construction funds for key energy projects and transportation projects; Collection of royalties. Such as the collection of land use fees, vehicle tolls and road maintenance fees; Collection of management fees. Such as the collection of industrial and commercial management fees and urban construction management fees; Late payment fee collection.
5. administrative payment: refers to the specific administrative act that the administrative organ grants certain material rights and interests or material-related rights and interests to citizens in old age, illness, disability or other special circumstances in accordance with relevant laws and regulations. It mainly includes pensions, retirement pensions, social relief funds and natural disaster relief funds.
Specific manifestations: resettlement, subsidy, pension, preferential treatment, disaster relief and poverty alleviation.
6. Administrative adjudication: refers to the specific administrative act that the administrative organ examines and makes a ruling on specific civil disputes between equal subjects in administrative activities according to legal authorization. Specifically, there are rulings on ownership disputes such as land, mineral resources, water, forests, mountains, grasslands, wasteland, beaches and sea areas.
(1) adjudication on the confirmation of natural resources, such as adjudication on the ownership and use rights of natural resources such as land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas;
(2) the adjudication of civil compensation, such as the adjudication of civil compensation in the regulations on administrative penalties for public security;
(3) According to the provisions of the Patent Law and Trademark Law, the Patent Reexamination Board and the Trademark Review and Adjudication Board organized by administrative organs adjudicate patent and trademark disputes, including administrative disputes and civil disputes over confirmation of rights, etc., all of which belong to the administrative adjudication and adjudication system. It is absolutely necessary to establish these systems, but the shortcoming of * * * is the lack of provisions on adjudication and adjudication procedures.
administrative reconsideration and administrative arbitration are included by analogy.
7. administrative confirmation: refers to the specific administrative act that the administrative organ discriminates the legal status, rights and obligations and relevant legal facts of the counterpart, confirms it, permits it and announces it.
according to the legal norms and the actual situation of administrative activities, the forms of administrative confirmation mainly include:
(1) confirmation. Such as the issuance of housing property certificate, land use certificate, homestead use certificate, patent certificate, trademark exclusive right certificate, etc.;
(2) recognition. Such as certification of product quality.
(3) proof. Such as academic qualifications, degree certificates, resident identity certificates, certificates of kinship, certificates of origin of goods, etc.;
(4) registration. Such as property rights registration, household registration, marriage registration, etc.;
The contents of administrative confirmation mainly include:
(1) Confirmation of legal subject qualification, identity and legal status. For example, through the registration of enterprises and companies, the qualification of business entities of enterprises and companies is confirmed.
(2) confirmation of ownership. Such as the confirmation of land ownership and right to use, and the confirmation of house ownership.
(3) Confirmation of legal relationship. For example, marriage registration is the confirmation of legal and effective marriage relationship.
(4) confirmation of legal facts. For example, the registration of taxis leaving the city is a confirmation of the legal fact that taxis drive out of the city.
(5) confirmation of legal liability. For example, the identification of medical accidents and the identification of energy accidents are the confirmation of legal responsibilities.
(6) confirmation of ability. For example, technical appraisal is the confirmation of whether an individual has the ability to engage in certain behaviors.
8. administrative supervision and inspection: it refers to the administrative act that the administrative organ determines its functions and powers according to law to inspect, understand, supervise and inspect the relative person's compliance with laws, regulations and rules. Such as spot checks on product quality.
"administrative supervision and inspection right" refers to the right to inspect, guide, supervise and manage the management counterpart. Administrative law enforcement departments generally have the power of administrative supervision and inspection over the laws, regulations and rules that they are responsible for implementing.
9. Other kinds of specific administrative acts (such as filing, etc.).