In the question of administrative law, briefly describe the criteria for dividing the behavior of in

The key is to see if their actions are closely linked to their duties. The conduct of administrative organs and their staff members in the exercise of their powers is called an act of duty, which is what you call an act of an organ.

Exam Answer Rules:

There are three main criteria for dividing individual behavior from agency behavior:

1. Where the act is made in the name of the organ to which it belongs, it is an act of the organ, and if it is done in its own name, it is an individual act;

2. The act was made within the scope of his duties, and is an organ act, and if it exceeds the scope of his duties, it must be comprehensively determined in combination with the first and third standards;

3. The act is an order or entrustment of the executive organ, regardless of whether the order or entrustment of the organ exceeds the authority, it is an act of the organ.

1. The subject of the administrative act is legitimate;

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

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

4. Administrative acts shall comply with legal procedures.

The characteristics of administrative acts are as follows:

1. An administrative act is an act of enforcing the law;

2. The administrative subject has a unilateral volition when carrying out administrative acts;

3. Administrative acts are guaranteed by the coercive power of the state and are compulsory;

4. Administrative acts are based on the principle of gratuitous, with compensation as an exception.

Administrative Dou Silver Belt Litigation Law of the People's Republic of China

Article 25.

Plaintiff qualifications] The counterpart of the administrative act and other citizens, legal persons or other organizations that have an interest in the administrative act have the right to initiate a lawsuit.

In the event of the death of a citizen who has the right to file a lawsuit, his close relatives may file a lawsuit.

Where a legal person or other organization that has the right to initiate litigation is terminated, the legal person or other organization that inherits its rights may initiate litigation.

Where, in the course of performing their duties, people's procuratorates discover that administrative organs with oversight and management duties in areas such as the protection of the ecological environment and resources, food and drug safety, the protection of state-owned property, or the transfer of state-owned land use rights have illegally exercised their authority or failed to act, causing infringement of the national interest or the societal public interest, they shall submit a procuratorial recommendation to the administrative organ and urge them to perform their duties in accordance with law. Where administrative organs do not perform their duties in accordance with law, the people's procuratorate shall initiate litigation in the people's courts in accordance with law.

Summary. Specific administrative acts include: administrative orders, administrative expropriation, administrative licensing, administrative confirmation, administrative supervision and inspection, administrative punishment, administrative compulsion, administrative payment, administrative reward, administrative ruling, administrative contract, administrative compensation, etc.

Specific administrative acts are made by administrative organs or their authorized staff against their administrative counterparts in accordance with law, which is different from abstract administrative acts, and general specific administrative acts are directed at a specific administrative counterpart. Specific administrative acts refer to unilateral acts taken by administrative organs in the exercise of administrative power against specific citizens, legal persons, and other organizations concerning their rights and obligations. "Specific administrative acts" refers to unilateral acts concerning the rights and obligations of citizens, legal persons, or other organizations made by state administrative organs and their staffs, organizations authorized by laws and regulations, organizations entrusted by administrative organs, or individuals in the exercise of administrative functions and powers in the course of administrative management activities, and on specific and specific matters for specific citizens, legal persons, or other organizations.

What are the three types of administrative legal acts?

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Specific administrative acts include: administrative orders, administrative expropriation, administrative licensing, administrative confirmation, administrative supervision and inspection, administrative punishment, administrative compulsion, administrative payment, administrative reward, administrative ruling, administrative contract, administrative compensation, etc. Specific administrative acts are made by administrative organs or their authorized staff against their administrative counterparts in accordance with law, which is different from abstract administrative acts, and general specific administrative acts are directed at a specific administrative counterpart.

Specific administrative acts refer to unilateral acts taken by administrative organs in the exercise of administrative power against specific citizens, legal persons, and other organizations concerning their rights and obligations. "Specific administrative acts" refers to unilateral acts concerning the rights and obligations of citizens, legal persons, or other organizations made by state administrative organs and their staffs, organizations authorized by laws and regulations, organizations entrusted by administrative organs, or individuals in the exercise of administrative functions and powers in the course of administrative management activities, and on specific and specific matters for specific citizens, legal persons, or other organizations.

Administrative legislation, administrative orders, administrative rulings, and administrative guidance are not administrative legal acts?

Verdict it. Good.

Types of Specific Administrative Acts:

1.Administrative expropriation: Administrative expropriation refers to the specific administrative acts of administrative organs in accordance with the provisions of the law to obtain the corresponding persons, property and property without compensation and compulsion.

2.Administrative expropriation: refers to the specific administrative act of an administrative entity to forcibly expropriate the property or labor services of the counterpart in accordance with legal procedures for the needs of the public interest, and to give the counterpart appropriate compensation.

3.Administrative payment: also known as administrative material assistance, refers to the specific administrative act of an administrative organ in providing material benefits or rights and interests related to material interests to a specific counterpart in accordance with the law.

4.Administrative rewards: specific administrative acts in which administrative entities give material or moral encouragement to citizens, legal persons or other organizations that have made significant contributions to the state and society in accordance with statutory conditions and procedures.

Extended material: Characteristics of administrative acts.

1. An administrative act is an act of enforcing the law, and any administrative act must have a legal basis and be subordinate to the law, and the administrative subject shall not take any administrative act without the express provisions or authorization of the law.

2. Administrative acts have a certain degree of discretion, which is determined by the limitations of legislative technology itself and the extensiveness, variability and adaptability of administrative management.

3. The administrative entity has a unilateral will when carrying out an administrative act, and can make it independently in accordance with the law without consulting with the administrative counterpart or obtaining its consent. Even in administrative contract acts, the administrative subject has a unilateral volitional nature that is different from that of civil contracts.

4. Administrative acts are guaranteed to be carried out with the coercive power of the state, which is coercive, and the administrative counterpart must obey and cooperate with the administrative acts. This coercion is closely linked to unilateral volition.

5 Administrative acts are based on the principle of gratuitous, with the exception of gratuitous. What the administrative subject pursues is the international and social public interest, and its collection of public interests. When a specific administrative counterpart bears a special public burden or shares a special public interest, it should be paid, which is the issue of fair burden and benefit burden.

1) If a civil servant's act is made in the name of the organ to which he belongs, it is an act of the agency, and if it is done in his own name, it is an individual act.

2) The acts of civil servants are made within the scope of their duties, which are acts of organs, and if they exceed the scope of their duties, they must be comprehensively recognized and determined in combination with the first and third standards.

3) The act of a civil servant is an act of an agency that executes an order or entrustment of an agency, regardless of whether the order or delegation of the agency exceeds its authority.

Article 26 of the Administrative Litigation Law provides that where a citizen, legal person or other organization directly initiates a lawsuit in a people's court, the administrative organ that took the administrative act is the defendant.

In cases that have been reconsidered, where the reconsideration organ decides to uphold the original administrative act, the administrative organ that took the original administrative act and the reconsideration organ are joint defendants; Where the reconsideration organ changes the original administrative act, the reconsideration organ is the defendant.

Where the reconsideration organ does not make a reconsideration decision within the legally-prescribed time limit, and citizens, legal persons, or other organizations sue the original administrative act, the administrative organ that took the original administrative act is the defendant; Where the reconsideration organ is sued for inaction, the reconsideration organ is the defendant.

Where two or more administrative organs take the same administrative act, the administrative organ that jointly took the administrative act is a joint defendant.

For an administrative act taken by an organization entrusted by an administrative organ, the entrusting administrative organ is the defendant. Where an administrative organ is revoked or its authority is changed, the administrative organ that continues to exercise its authority is the defendant.

Citizens may consider that a specific administrative act of an administrative organ is unlawful, and if it involves an illegal act of an administrative organ, they may file an administrative lawsuit with the people's court in accordance with the relevant provisions of the Administrative Litigation Law of the People's Republic of China.

Citizens generally include the following situations in which a specific administrative act of an administrative organ is based on illegality: 1. The administrative act of an administrative organ exceeds the scope of its authority, that is, when an administrative organ fails to carry out an administrative act in accordance with the legal procedures, power organs, authority, or procedures when exercising its authority, such an administrative act is an act that exceeds its authority. 2. The laws, regulations, rules, and other documents on which the administrative organs are based do not exist or are invalid, or the laws, regulations, rules, and other documents on which they are based are clearly inconsistent with the administrative propositions of the parties.

In this case, the administrative act is illegal. 3. In the exercise of its powers, an administrative organ ignores the facts, ignores the evidence, or abuses its discretion, resulting in an unreasonable or non-compliance with the statutory requirements of the administrative act, in which case the administrative act is also unlawful. Citizens who believe that a specific administrative act of an administrative organ is unlawful may, in accordance with the relevant provisions of the "Administrative Litigation Law of the People's Republic of China", file an administrative lawsuit with the people's court for judicial review.

What do citizens need to pay attention to when filing an administrative lawsuit? Before initiating an administrative lawsuit, citizens shall conduct a careful analysis of the administrative act, and if they find that the administrative act is truly illegal, they shall conduct an administrative lawsuit. In addition, it is also necessary to pay attention to issues such as the time limit for initiating litigation, the provision of sufficient evidentiary materials, and the reasonable clarification of litigation claims.

Citizens may seek judicial remedies and protect their legitimate rights and interests by filing an administrative lawsuit with the people's court in the event of an illegal administrative act. Before initiating a lawsuit, it is necessary to conduct a careful analysis of the administrative act to ensure that the administrative act is illegal; At the same time, it is also necessary to comply with relevant laws and regulations, reasonably clarify litigation claims, and provide sufficient evidence materials.

Legal basis]:

Article 22 of the Administrative Litigation Law of the People's Republic of China: Where citizens, legal persons, or other organizations feel that an administrative organ's specific administrative act has violated their lawful rights and interests, they may initiate an administrative lawsuit in a people's court in accordance with these Regulations.

Answer] Selling Sun: B

This question is equipped with the relevant regulations of the staff of the administrative organs. No individual, including a functionary of a State organ, can become an administrative entity. In administrative litigation, a civil servant cannot be either a plaintiff or a defendant.

Those who have received criminal punishment for crimes must not be hired as civil servants.