What are the elements of legality of an administrative act?

1. The subject of the administrative act is legitimate.

The so-called legitimacy of the subject means that the organization that makes the administrative act must have an administrative subject.

qualifications, be able to take administrative acts in their own name, and be able to bear legal responsibilities independently.

According to the relevant laws and regulations of the People's Republic of China, it is the administrative organ or the organization authorized by the laws and regulations that can become the administrative subject. In addition, the administrative entity shall be an administrative organ established in accordance with law or an organization that has been granted administrative functions and powers in accordance with law.

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

The legitimacy of authority means that the administrative entity must carry out the act within the scope of the statutory authority, which is an essential condition for the legitimacy and validity of the authority of the administrative act.

3. The content of administrative acts shall be lawful and appropriate.

Content legality requires: the act has conclusive evidence to prove and has sufficient factual basis. There is a clear basis for the act, and laws, regulations, rules and other normative documents are correctly applied. Conduct must be fair and reasonable, and conform to the purpose and spirit of the legislation.

4. Administrative acts shall comply with legal procedures.

Procedure is the steps, time limit, and method of carrying out an administrative act. Any administrative act must be manifested through certain procedures, and there is no administrative act that deviates from the procedures. The legality of the procedure of the act affects the legitimacy of the entity of the administrative act.

Classification of administrative acts:

1. Abstract administrative acts and concrete administrative acts.

1. Abstract administrative acts refer to administrative acts carried out by administrative subjects against unspecified administrative management objects;

2. Specific administrative acts refer to administrative acts carried out by administrative entities against specific targets.

2. Restraint of administrative acts and discretionary administrative acts:

1. Restraint of administrative acts refers to administrative entities in accordance with strict legal norms.

administrative acts carried out;

2. Discretionary administrative acts refer to administrative acts carried out at the discretion of administrative entities in accordance with law.

3. Ex-officio administrative acts and administrative acts upon request:

1. Ex-officio administrative acts refer to administrative acts directly carried out by administrative entities in accordance with the authority prescribed by law;

2. Administrative acts upon request refer to the acts carried out by the administrative subject in accordance with law after the counterpart submits an application.

IV. Administrative Acts with Supplementary Provisions and Administrative Acts without Supplementary Provisions:

1. Attached administrative acts refer to administrative acts carried out by entities with certain conditions;

2. Administrative acts without collateral refer to unconditional administrative acts carried out by administrative entities.

V. Mandatory and non-essential administrative acts: specific forms.

1. Administrative acts that are prescribed by laws and regulations to have a certain form or form in order to produce legal effect.

2. The law does not specify the specific form of administrative acts, and administrative organs make various forms of administrative acts according to actual needs.

6. Beneficial administrative acts and unfavorable administrative acts.

1. It refers to the act of creating or confirming rights and interests, or reducing obligations.

2. It refers to the act of creating or confirming rights and interests, or restricting, depriving or refusing to recognize rights and interests.

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.

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 entity.

3. The content of administrative acts 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.

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 act must be a state administrative organ with administrative powers or certain administrative duties, or an organization authorized by laws and 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 legal relationship between the administration and the government.

Legal basis: Article 7 of the Administrative Law of the People's Republic of China Citizens, legal persons or other organizations enjoy the right to make statements and defenses against the administrative organs of Nai Sunchun's implementation of administrative licenses; have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law; Where their lawful rights and interests are harmed by the illegal implementation of administrative licenses by administrative organs, they have the right to demand compensation in accordance with law.

1. The subject of the administrative act is legitimate.

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

3. The internal congratulations of administrative acts 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 18 of the Administrative Litigation Law of the People's Republic of China.

In any of the following circumstances, before the administrative organ is responsible for making 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 Unified Legal Profession Qualification Examination.