Examination questions and answers of administrative law and administrative procedure law
I. Explanation of Nouns
1, administrative legal facts
2. Civil servants
3. Administrative compulsion
4. Administrative punishment
5, abstract administrative behavior
6. Participants in administrative proceedings
Second, fill in the blanks
1, administrative legislation can be divided into and according to the different sources of its power.
2. Execution on behalf of the debtor refers to performing legal obligations on behalf of the debtor and collecting necessary fees from the debtor.
3. According to the provisions of the Audit Law, the audit procedure is divided into three stages.
4. China's state compensation is mainly monetary compensation, supplemented by it.
5. Administrative ruling refers to the ruling made by the people's court in the process of administrative litigation.
Third, multiple choice questions
1, the characteristics of administrative licensing behavior are () A. It is a concrete administrative behavior B. It is an authority behavior C. It is a compulsory administrative behavior D. It is an external administrative behavior.
2. Among the following punishments, () A. Fine B. informed criticism C. Administrative detention D. Dismissal.
3. Which of the following administrative acts can apply for administrative reconsideration () A. Administrative punishment B. Administrative coercion C. Administrative detention D. Abstract administrative act
4. Among the following administrative organs, () A. Hangzhou Municipal People's Government B. Zhejiang Administration for Industry and Commerce C. Ministry of Education D. Xihu District People's Government of Hangzhou.
5. The imputation principle of administrative compensation in China is () A. Fault liability B. Illegal liability C. No-fault liability D. Strict liability.
6. Administrative litigation cases in China are accepted and tried by (). A. Ordinary courts B. Specialized courts C. Administrative courts D. Constitutional court
7. Among the following principles, (a) collegial panel principle B. Not applicable to mediation principle C. Selective reconsideration principle D. Avoidance principle.
8. Administrative cases of first instance under the jurisdiction of the Intermediate People's Court include (1) cases in which the invention patent right is confirmed; (b) Cases handled by the Customs; (three) the case of bringing a lawsuit against the specific administrative act of the provincial people's government; (4) Cases in which a lawsuit is brought against a specific administrative act of the Ministry of Public Security.
9. In the case of reconsideration, if the reconsideration organ changes the original specific administrative act, () is the defendant A. The administrative organ that made the original specific administrative act B. The reconsideration organ C. The administrative organ or reconsideration organ that made the original specific administrative act D. The administrative organ and reconsideration organ that made the original specific administrative act 10. When trying administrative cases, the people's court of first instance adopts () A. Written trial B. Written trial or C.
Fourth, short answer questions
1. What are the characteristics of administrative law?
2. What is the principle of administrative punishment?
3. What are the organs that undertake the obligation of administrative compensation in China?
Verb (abbreviation of verb) This paper discusses the principles of setting up administrative institutions in China's Administrative Law and Administrative Procedure Law.
Answers and scoring criteria
First, explain the word.
1. Administrative legal facts refer to objective phenomena or facts stipulated by administrative legal norms that can cause the occurrence, change or elimination of administrative legal relations.
2. Civil servants: refers to the staff who exercise state administrative power and perform state official duties in state administrative organs at all levels according to law, except ground staff.
3. Administrative compulsion: refers to the specific administrative actions taken by the administrative subject to achieve certain administrative purposes and ensure the smooth progress of administrative management, and to the personal and property freedom of the administrative counterpart.
4. Administrative punishment: it is a specific administrative act that the administrative subject imposes sanctions on citizens, legal persons or other organizations that violate administrative legal norms.
5. Abstract administrative behavior: refers to the behavior of universally binding decisions and orders made by administrative organs for unspecified objects.
6. Participants in administrative litigation refer to those who have a direct and serious relationship with administrative disputes and participate in the whole process or main stage of administrative litigation, as well as those related to their litigation status. Second, fill in the blanks
1, the legislature authorizes legislation.
2. The third person of the administrative law enforcement organ
3, the implementation of the audit stage of the preparation stage of processing stage
4. Restore the property to its original state
5. Administrative litigation.
Third, multiple choice questions
1、ACD 2、BC 3、AB 4、AC 5、B 6、A7、BC 8、ABCD 9、B 10、B
Fourth, short answer questions
1. What are the characteristics of administrative law? (1) There is no unified and complete administrative law code; (2) The norms of administrative law are manifested in various legal forms, which are the unity of various behavioral norms with different levels of effectiveness; (3) There are a large number of administrative law norms with a wide range of contents; (4) The norms of administrative law have obvious variability; (5) Administrative procedural norms are a unique code of conduct in administrative law, which are usually intertwined with administrative entity norms and stored in the same legal document.
. 2. What is the principle of administrative punishment? (1) principle of a legally prescribed punishment for a crime; (two) given by laws and regulations to the administrative organ; (3) The entrusted administrative organ; (4) The administrative reconsideration organ; (5) The organ liable for compensation after the above-mentioned organ liable for compensation is revoked.
Fifth, it tries to explain the principles of the establishment of administrative institutions in China.
The establishment of state administrative organs is generally considered from two aspects: one is the actual needs of management, and the other is the function of modern administrative management. The following principles can be considered in the establishment of administrative institutions in China: (1) the principle of adapting to needs; (2) the principle of simplification; (3) the principle of high efficiency; (4) The principle of statutory establishment. (The answer requirements can be expanded, otherwise you can only get 8 points at most.)