What are the legal elements of an administrative act?

The legal requirements for administrative acts include:1. The subject of the administrative act is legitimate;

2. Administrative acts shall conform to the scope of authority of the administrative subject;

3. The content of the administrative act shall be lawful and appropriate;

4. Administrative acts shall comply with legal procedures.

Legal basis] Article 6 of the Administrative Litigation Law provides that the people's courts hear administrative cases and review the legality of administrative acts.

1. The subject of the act must be a state administrative organ with administrative authority or certain administrative duties, or an organization authorized by laws or regulations, or an organization or individual entrusted by an administrative organ. 2. The actor has the intention to create, alter or terminate a certain administrative-legal relationship by virtue of the state's administrative power. 3. The actor objectively has the conduct of exercising administrative authority or performing duties.

4. Functional elements, that is, the acts carried out by the actor can directly or indirectly lead to the creation, alteration and extinction of the administrative-legal relationship.

General legal requirements for specific administrative acts.

1. There is conclusive factual evidence (204).

First, when making an administrative decision, there must first be facts, that is, objective facts that need to be exercised.

Second, the facts should be sufficiently definitive.

II. Proper Application of Laws and Regulations (176).

First, administration is a State activity in which the law is applied.

Second, laws and regulations should be regarded as the fundamental criterion and basis for handling administrative affairs.

Third, the correct application is also manifested in correctly grasping the connection between laws and regulations and the objects of adjustment.

Fourth, only valid laws can be applied.

3. Compliance with statutory administrative procedures (189).

Procedure is the administrative method and form in the process of achieving administrative objectives. Legal procedures give these methods and forms the legal attributes of rights and obligations, and require administrative organs to abide by them when exercising their powers, which has become an important criterion for judging whether administrative acts are correct and lawful.

4. No overstepping or abuse of authority (230).

With regard to the element of exceeding authority, it is required that administrative organs should act within the scope of their authority granted by law. The court judges the legality of an administrative act not on the basis of the motive of the perpetrator, but in accordance with the provisions of the law.

The terms of reference of the administrative organs are mainly stipulated by the Administrative Organization Law and the Delegated Law. The first is the Organic Law, the Local Organic Law, including the establishment plan of the administrative organs and the classification of civil servants, and the second is the separate law of authorization. Administrative organs must carry out management activities within the scope of their statutory functions and powers in accordance with the provisions of the Administrative Organization Law.

The administrative organ that takes the specific administrative act must be the one that enjoys administrative and territorial jurisdiction. Territorial jurisdiction relates to the spatial scope to be delegated to the competent authority, and transactional jurisdiction relates to the content of administrative tasks entrusted to the competent authority.

Legal Analysis: The legal elements of an administrative act specifically include:

1. The subject of the administrative act shall be lawful, and shall not be made by natural persons or units;

2. Administrative acts shall be within the scope of the authority of the administrative subject and shall not exceed the scope authorized by law;

3. The content of the administrative act shall be lawful and appropriate;

4. Administrative acts shall comply with legal procedures.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 55: Administrative organs carry out administrative punishments in any of the following circumstances; The administrative organ at a higher level or the relevant department shall order corrections, and the directly responsible person in charge and other directly responsible personnel may be given administrative sanctions in accordance with law

1) There is no legally-prescribed basis for administrative punishment;

2) Changing the type and range of administrative punishments without authorization;

3) Violating legally-prescribed administrative punishment procedures;

4) Violating the provisions of article 18 of this Law on entrusted punishments.

Legal analysis: 1. The subject of the administrative act shall be lawful; 2. Administrative acts shall be within the scope of the authority of the administrative subject; 3. The content of the administrative act shall be lawful and appropriate; 4. Administrative acts shall comply with legal procedures.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 55: In any of the following circumstances, where an administrative organ imposes an administrative penalty, the administrative organ at a higher level or the relevant department shall order it to make corrections, and may give administrative sanctions to the directly responsible person in charge and other directly responsible personnel in accordance with law: (1) There is no statutory basis for administrative punishment; 2) Changing the type and range of administrative punishments without authorization; 3) Violating legally-prescribed administrative punishment procedures; 4) Violating the provisions of article 18 of this Law on entrusted punishments.

Legal analysis: 1. The subject of the administrative act is legitimate; 2. Administrative acts shall conform to the scope of authority of the administrative subject; 3. The content of the administrative act shall be lawful and appropriate; 4. Administrative acts shall comply with legal procedures.

Legal basis: "Administrative Litigation Law of the People's Republic of China" Zheng Sui Article 3: People's courts shall protect the right of citizens, legal persons, and other organizations to sue, and accept administrative cases that should be accepted in accordance with law.

Lawful administrative acts specifically include the following elements: 1. The subject of the administrative act shall be lawful, and must not be made by natural persons or units; 2. Administrative acts shall be within the scope of the authority of the administrative subject and shall not exceed the scope authorized by law; 3. The content of the administrative act shall be lawful and appropriate; 4. Administrative acts shall comply with legal procedures.

Administrative Punishment Law of the People's Republic of China

Article 37.

The provisions of laws, regulations, and rules at the time of the illegal conduct are to be applied to the implementation of administrative punishments. However, where laws, regulations, or rules have been amended or repealed at the time of making a decision on the administrative punishment of Yanliang, and the punishment of the new provisions is relatively light or is not considered illegal, the new provisions shall apply.

Administrative Punishment Law of the People's Republic of China

Article 38.

Where the administrative punishment is not based on Lu Hui's basis or the implementing entity does not have the qualifications of an administrative entity, the administrative punishment is invalid.

Where violations of legally-prescribed procedures constitute a major and obvious violation, the administrative punishment is invalid.

1. The subject of the administrative act shall be lawful, and no natural person or unit shall be allowed to take the administrative act;

2. Administrative acts shall be exercised within the scope of the authority of the administrative subject, and shall not exceed the scope authorized by law;

3. The content of the administrative act shall be lawful, appropriate, and reasonable;

4. Administrative acts shall comply with legal procedures and shall not violate the procedures prescribed by law.

Administrative Punishment Law of the People's Republic of China

Article 55.

When law enforcement personnel conduct investigations or inspections, they shall take the initiative to present their law enforcement identification to the parties or relevant personnel. Parties or relevant persons have the right to request that law enforcement personnel present their law enforcement identification. Where law enforcement personnel do not present their law enforcement identification, the parties or relevant personnel have the right to refuse to accept the investigation or inspection.

Parties or relevant persons shall truthfully inquire and assist in the investigation or inspection, and must not refuse or obstruct it. A record shall be made of the questioning or inspection. Article 44.

Before making an administrative punishment decision, the administrative organ shall inform the parties of the content, facts, reasons, and basis of the administrative punishment to be given, and inform the parties of their rights to make statements, make defenses, and request hearings in accordance with law.

1. The subject of the administrative act shall be lawful;

2. Administrative acts shall be within the scope of the authority of the administrative subject;

3. The content of the administrative act shall be lawful and appropriate;

4. Administrative acts shall comply with legal procedures.

1. How many days do you need to file an administrative reconsideration?

It takes 60 days to file an administrative review. Administrative reconsideration refers to a legal system in which the administrative counterpart believes that a specific administrative act of an administrative entity infringes upon its legitimate rights and interests, and submits an application to the administrative reconsideration organ for a review of the specific administrative act in accordance with the law, and the administrative reconsideration organ conducts a review of the legality and appropriateness of the specific administrative act applied for in accordance with legal procedures, and makes an administrative reconsideration decision. Administrative reconsideration is an important legal system for the administrative counterpart to exercise the right of remedy, and the purpose is to correct the illegal or improper specific administrative acts made by the administrative subject, so as to protect the legitimate rights and interests of the administrative counterpart.

2. Can I withdraw the ** document under it?

Can be undone. The effect of laws is higher than that of administrative regulations and local regulations; Administrative regulations and local regulations are more effective than departmental rules and local regulations; The effectiveness of departmental rules and local regulations is higher than that of other normative documents. The lawful elements of the administrative act are missing.

A lawful administrative act has three elements: the legality of the subject, the legality of the content, and the legality of the procedure, and if any administrative act lacks one or more of the elements, the administrative act is a revocable administrative act.

III. Can the administrative punishment of administrative punishment be revoked?

Can be undone. Conditions for the revocation of an administrative act:

1) Deficiencies in the lawful elements of administrative acts. A lawful administrative act has three elements: the legality of the subject, the legality of the content, and the legality of the procedure, and if any administrative act lacks one or more of the elements, the administrative act is a revocable administrative act.

2) The administrative act is inappropriate. An inappropriate administrative act is also a revocable administrative act. The so-called "inappropriate" refers to the situation that the corresponding administrative act is unreasonable, unjust, inconsistent with current policies, out of date, and inconsistent with the relevant good old sock customs.

Article 55 of the Administrative Punishment Law of the People's Republic of China Where an administrative organ imposes an administrative punishment in any of the following circumstances, the administrative organ at a higher level or the relevant department shall order it to make corrections, and may give administrative sanctions to the directly responsible person in charge and other directly responsible personnel in accordance with law: (1) There is no statutory basis for administrative punishment; 2) Changing the type and range of administrative punishments without authorization; 3) Violating legally-prescribed administrative punishment procedures; 4) Violating the provisions of article 18 of this Law on entrusted punishments.

1. The subject of the administrative act is legitimate;

2. Administrative acts shall conform to the scope of authority of the administrative subject;

3. The content of the administrative act shall be lawful and appropriate;

4. Administrative acts shall comply with legal procedures.

Personnel in administrative organs who are engaged in the legal review of administrative punishment decisions for the first time shall obtain legal professional qualifications through the National Uniform Legal Profession Qualification Examination.

What are the classifications of administrative acts.

1. Abstract administrative acts and concrete administrative acts;

2. Restraint of administrative acts and discretionary administrative acts;

3. Ex-officio administrative acts and requested administrative acts;

4. Administrative acts with supplementary provisions and administrative acts without supplementary provisions;

5. Mandatory administrative acts and non-administrative acts;

6. Beneficial administrative acts and unfavorable administrative acts.

[Legal basis].Article 58 of the Administrative Litigation Law of the People's Republic of China.

In any of the following circumstances, before the responsible person for an administrative organ makes an administrative punishment decision, the personnel engaged in the legal review of the administrative punishment decision shall conduct a legal review; Where it has not been reviewed by the legal system or has not passed the review, a decision must not be made

1) It involves major public interests;

2) It is directly related to the major rights and interests of a party or a third party, and has gone through the hearing procedures;

3) The circumstances of the case are difficult and complex, and involve multiple legal relationships;

4) Other situations where laws and regulations provide that a legal review shall be conducted.

Personnel in administrative organs who are engaged in the legal review of administrative punishment decisions for the first time shall obtain legal professional qualifications through the National Uniform Legal Profession Qualification Examination.