The status and role of economic administrative law, the role of administrative law

Clause. 1. Administrative law has the function of ensuring the effective implementation of administrative management. Clause.

2. Administrative law has the function of protecting the legitimate rights and interests of citizens, legal persons or other organizations. Clause.

3. Administrative law is an important law to ensure the building of a socialist country ruled by law. According to the stripes of the Administrative Law of the People's Republic of China, administrative law, like criminal law and civil law, is one of the three basic legal departments in the modern legal system, and has an extremely important position in China's socialist legal system. The role of administrative law can be summarized in the following three aspects:

Maintenance, supervision and protection.

Many of the economic management relations adjusted by the economic law also have a certain administrative nature, and the adjustment of economic relations by economic law also adopts administrative means when necessary, and it is necessary to recognize the connection between them in a realistic manner, otherwise it will not help the establishment of the theory of economic law, and at the same time, we must also see the essential difference between them.

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1. The difference between economic law and administrative law, the economic management relationship adjusted by the economic law is essentially a material interest relationship, not a simple administrative management relationship, and the status of the subject in the economic management legal relationship and the connection state of the rights and interests between them are also different from the administrative law relationship, although there are upper and lower levels, but they are the subject of each other's rights and obligations.

2. The economic behavior and economic activities in the economic and legal relations are the pursuit of certain economic goals, that is, the pursuit of certain economic interests and economic benefits, fundamentally speaking, it should be subject to the economic law, the administrative activities are the pursuit of work efficiency, and it should first be subject to the will of the chief.

3. Economic law mainly operates and economic means, and also uses administrative means, but it has an auxiliary nature, and should generally be used in combination with economic means, administrative law is mainly used by administrative means, and it is mainly implemented in the form of command and obedience.

Legal analysis: Administrative law, like criminal law and civil law, is one of the three basic legal departments in the modern legal system, and has an extremely important position in China's socialist legal system. There are many sources of administrative law, including the Organic Law, the Organic Law of Local People's Congresses at All Levels and Local People's Organizations at All Levels, the Administrative Litigation Law, the Administrative Punishment Law, and so on.

The role of administrative law can be summarized in the following three aspects:

1 Maintenance. With the continuous development of modern social economy and culture, more and more social problems have arisen, and administrative organs are required to perform their duties such as developing the economy, stabilizing society, protecting the environment, controlling the population, and strengthening public order. Therefore, administrative organs must effectively regulate and restrain the behavior of their administrative counterparts through various means such as administrative legislation, administrative law enforcement, and administrative justice, stop illegal acts that endanger the interests of others and the public interest, establish and maintain social order and administrative management order, and ensure that administrative organs fully and effectively carry out administrative management.

2 Supervision. Because the executive power is objectively perishable, expansive, and unequal to individual rights, it must be supervised and checked. Among the various forms of supervision, the most effective and direct supervision is administrative law supervision.

By stipulating the scope, methods of exercising administrative power, and legal responsibilities, administrative law can achieve the purpose of effectively supervising administrative entities and preventing illegal or abused administrative powers.

3 Protection. Administrative law protects the legitimate rights and interests of citizens, legal persons or other organizations, mainly including two aspects: First, by granting legal authority to administrative organs and supervising their exercise, it guarantees the realization of various political, economic and social rights of citizens, legal persons or other organizations

The second is to protect their legitimate rights and interests by giving citizens, legal persons or other organizations the right to supervise their actions (such as the right to report and accuse), the right to participate in the exercise of administrative power (such as the right to know and the right to request a hearing), and especially the right to reconsider, sue and demand compensation for the infringement of their legitimate rights and interests by administrative acts.

Legal basis: Administrative Litigation Law of the People's Republic of China

Article 1: This Law is formulated on the basis of the Constitution so as to ensure that the people's courts hear administrative cases fairly and promptly, to resolve administrative disputes, to protect the lawful rights and interests of citizens, legal persons, and other organizations, and to supervise the lawful exercise of authority by administrative organs.

"Administrative acts" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.

Article 3: People's courts shall safeguard citizens, legal persons, and other organizations' right to sue, and accept administrative cases that should be accepted in accordance with law.

Administrative organs and their staffs must not interfere with or obstruct the people's courts' acceptance of administrative cases.

The responsible person for the administrative organ that is the subject of the lawsuit shall appear in court to respond to the lawsuit. and where they are unable to appear in court, they shall entrust the corresponding staff of the administrative organ to appear in court.

The role of administrative law is to regulate the daily behavior and activities of enterprises through administrative means, for example, the industrial and commercial bureau manages enterprises through administrative law.

Answer]: Administrative law is an independent legal department second only to the Constitution in China's legal system, and is listed as the three basic legal departments in China along with criminal law and civil law. As an important legal department, administrative law mainly has the following functions:

1) Ensure the effective exercise of administrative power, promote the administration of administrative entities according to law, and improve administrative efficiency.

2) Implement the Constitution, promote the democratic political process, and protect the legitimate rights and interests of citizens, legal persons or other organizations.

3) Promote economic and cultural construction, protect the poor social economy and cultural order, and promote socialist spiritual civilization.