First, the administrative law is the State administrative body of the organization, powers, functions and powers of the practices, procedures and the legal supervision of the exercise of administrative authority to adjust the administrative relations between the system of legal norms.
(a) the principle of administrative law: 1. principles of administrative law (2) the principles of administrative justice 3 4 public administration principles. principle of administrative efficiency
2.
principle of administrative justice in dealing with their own or their close relatives interest in the affairs should be avoided, do not own their own judges;
(b) legal sources of administrative law
fingering a form of legal sources, legal sources of administrative law, including constitutional, legal, administrative regulations, departmental rules and regulations, local regulations, autonomous regulations,
` . , separate regulations, local regulations and so on.
Second, the administrative body is able to put his name to the exercise of national executive authority, administrative decisions affecting the relative rights and obligations of the administrative act, and to bear its own administration of foreign law in administrative proceedings to the respondent as a defendant in the administrative authorities or the laws and regulations authorized by the organization. Administrative body is to organize individuals can not represent the administrative body (a) the concept of administrative licensing and features: 1 belongs to the administrative licensing in accordance with the application behavior. (2) is to manage the behavior of administrative licensing. .
3. administrative licensing is kind of empowering behavior. 4. Administrative license is to type the administrative act, the general license in written form.
(b) the administrative license set the scope and authority
necessary, the State Council issued the decision on the way can be used to set the administrative license. Temporary administrative license to continue the implementation of a full year of implementation, should be brought to the people's Congress and its Standing Committee have formulated local regulations.
local regulations and the provinces,
Moncler Doudoune Men's Jacket with Rabbits Hat in Brown, autonomous regions and municipalities, government regulations, shall set national unity should be determined by the citizens, legal persons or other organizations qualified, qualified administrative licensing; not set the business or other organization set up registration and The front of the administrative license. The set of administrative license shall not restrict other parts of the region, individuals or enterprises engaged in production and operations and providing services, not restrict access to other parts of the commodity markets in the region.
(d) the implementation of administrative licensing procedures: including application, acceptance, review and decision; hearing is not the administrative licensing procedures
3. administrative licensing hearing process
(e) supervision and inspection of administrative licensing, primarily through written review material way, when necessary, on-site inspections, regular inspections; due to the reasons for the executive administrative license revocation harm the legitimate interests of the licensee, the executive should be compensated.
Fourth, administrative enforcement is the administrative body administrative enforcement to achieve a certain degree of administrative purposes, the relative freedom of other people's property and the compulsory measures. May apply to court mandatory. But the people's court is not the main body of administrative enforcement. Administrative enforcement of the object property and personal freedom is relative.
(a) the administrative enforcement of the types of two types: immediate implementation of coercive measures and coercive measures
coercive measures is a real-time emergency powers, also known to prevent, deter coercive measures,
(two ) administrative enforcement
If administrative counterpart to the compulsory administrative measures against that perform beyond the scope of the implementation of administrative decisions, the use of illegal methods of implementation, the abuse of executive power and the law undermines the relative health of the person or relative who property, etc., then the Chief can be directly relative to the administrative compulsory measures for administrative reconsideration or administrative proceedings for a review or object to legal proceedings.
five administrative penalties (b) the type of administrative punishment and set
suspend or revoke licenses, permits, administrative detention, and legal and administrative regulations and other administrative penalties.
4.
regulations of administrative punishment only on the basis of the State Council's authorization to have the right to set a certain punishment, which provides a warning and a fine of administrative penalties. And this conditional, limited the right to accept the punishment set further limits - a specific penalty amount by the State Council.
simple way two conditions apply: illegal irrefutable facts, have a statutory basis; small amount of a fine or a warning given to the administrative penalties. The so-called small amount of fine is imposed on the citizens of 50 yuan for legal persons or other organizations impose a fine of 1,000 yuan.
under the party requests a hearing, the administrative organ shall organize a hearing. the parties do not bear the cost of the executive organization of the hearing.
administrative penalty to follow a principle of execution, the complaint does not stop the implementation of the principle. Second, the principle of separation pay penalty.
six administrative review (b) the basic principles of administrative review
1, 2 legal principle, the principle of three timely, accurate and Principle 4, 5 convenience principle, a principle 6 review, legal review and appropriate principles of double 7, Principle 8 independent review, reconsideration does not stop the implementation of the principles of administrative review, the parties dispute the specific administrative act is not stopped due to review the implementation of
3. can not apply for administrative reconsideration of the case
(1) of the laws, regulations, administrative rules and regulations or universally binding decisions and orders against the
(2) within the executive staff of rewards and punishments, accept the decision of appointment and removal of
(3) the transfer by the petition to the executive department of administrative complaints
(d) The administrative review agencies and jurisdictions
the people's government jurisdiction, the jurisdiction and authority on a body under the jurisdiction of the original deal.
(e) the administrative review process
apply for administrative reconsideration within sixty days;. decision making should be completed and stamped immediately after delivery to the parties, reconsideration decision is served that is legally effective.
the date of receipt of the reconsideration decision within 15 days from the administrative proceedings to the people's court
non-compliance with the decision, in accordance with the following provisions shall be: (1) maintaining the specific administrative acts of administrative reconsideration decision, the specific administrative acts of administrative organs according to law enforcement, or to apply to court for enforcement (2) change the specific administrative act reconsideration decision, the administrative reconsideration according to law enforcement authorities, or to apply to court for enforcement.
seven administrative proceedings administrative proceedings is a court based on citizens, legal persons or other organizations of the request, the specific administrative acts of administrative organs of the legitimacy of review and make a decision, resolve administrative disputes proceedings. administrative proceedings has the following characteristics:
1. administrative proceedings to resolve administrative disputes activities. 2. administrative proceedings is the use of state court jurisdiction to resolve administrative disputes activities.
3. administrative proceedings relative to the plaintiff as a constant for the citizens, legal persons and other organizations, administrative proceedings the defendant as a constant for the executive and administrative body of laws and regulations authorized by the organization. 4 is the core of administrative proceedings specific review of the legality of administrative acts. administrative proceedings surrounding the legality of specific administrative act and started 5. The fundamental purpose of administrative proceedings by the judicial power of the executive power of supervision, ensure that the executive administration according to law, the relative protection of the legitimate interests.
(b) the jurisdiction of administrative proceedings under the jurisdiction of administrative proceedings
is the people's court of first instance administrative cases heard within the system of division of authority of the legal system. Intermediate People's Court in the cases under the jurisdiction of three categories: First, to confirm patent rights cases and cases handled by the Customs; Second, the State Council departments or provinces, autonomous regions and municipalities by the specific administrative act litigation cases; third is the area of major, complex cases. the jurisdiction of the High Court jurisdiction within the major, complex administrative cases of first instance. the Supreme Court jurisdiction in the country a major, complex cases.
(c) administrative proceedings in matters
People's Court in the administrative litigation cases from the date of filing three months to make the first instance decision. to be extended, the Higher People's Court approval.
, such as the plaintiff and defendant both at the date of receipt of the verdict within 15 days to appeal the decision that is legally effective,
eight State compensation (a) the concept and characteristics of the State Compensation
people have access to state compensation in accordance with this Law, the right to state compensation
have the following characteristics:
1. state compensation to state organs and their staff provided illegal exercise of authority. (2) violation of state compensation to citizens, legal persons and other organizations and causes damage to the legitimate interests of the condition. 3 state compensation law with the law or the exercise of powers of state organs laws and regulations authorized by the organization for the organ liable for compensation. 4 clearly state compensation law provides for compensation guidelines. . 5 legal form of state compensation is set up a strict system, must be strictly in accordance with the provisions of the law to operate.
(b) Elements of State Liability
1. tort duty 2 damage to the fact that 3 positions tort and the damage has a causal relationship between the results
(c) the State does not compensate the executive compensation case
(1) the executive staff has nothing to do with the exercise of powers of individual behavior (2) the citizens, legal persons and other organizations, their conduct resulted in damage occurred in (3) other circumstances prescribed by law.
the date of receipt of application for compensation within two months will carry out its obligations. Administrative process is not successful, since the date of expiration of the period within three months, the claimant may bring an administrative compensation to the people's court proceedings. Shall not exceed one year.
knowledge of the Criminal Code Section 1 sentence features (1) the penalty is mandatory measures (2) the penalty is mandatory under the criminal law measures (3) The penalty can only be applied by the People's Court (4) only applies to criminal penalties (5) penalty by the specialized agencies to implement
2. penal system and type of punishment, including control, criminal detention, imprisonment, life imprisonment, the death penalty; additional penalties, including fines, deprivation of political rights, confiscation of property, deportation.
Second, the Code of Criminal Procedure Overview (a) criminal proceedings prepared two conditions:
1. have the facts of 2 and criminal responsibility, although the crimes occurred, but the criminal statute of limitations period has expired; by amnesty exemption from punishment; be handled only in accordance with criminal law crime, do not tell or told of the withdrawal; criminal suspects and defendants death; other law be exempted from criminal responsibility, are not held criminally responsible.
(b) conduct criminal investigations, when questioned, investigators must not be less than 2; ask minors under 18 years of age, can inform their legal representative present. Ask deaf, dumb witnesses, should be through deaf, dumb gestures people make translations,
third quarter economic law knowledge.
(b) the consumer's rights and obligations of operators
rights of consumers is that consumers are legally entitled to act or omission or other act or omission of required as a qualification.
(c) the means to resolve consumer disputes 1. negotiate a settlement. (2) mediation. 3 complaints resolved. 4. Arbitration. 5 proceedings.
(D) violation of consumer protection law liability
repaired twice during the warranty period is still not properly used, the operator shall be responsible for replacement or return. Shall be in accordance with the consumer's request for additional compensation for the losses, increase the amount of compensation for consumers to purchase goods or accept the price of 1 times the cost of services.
Second, the Product Quality Law (II) product quality supervision and management
damage caused to consumers, and producers, sellers bear joint and several liability.
(2) supervision and inspection system.
national supervision inspection of the product, shall not be repeated where sample; superior supervision and inspection of products, shall not be lower repeat sampling.
Knowledge of relevant laws and regulations
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