This paper discusses the comparison of the legal status of administrative law and civil law.

An administrative entity refers to an administrative organization that obtains administrative functions and powers in accordance with the law, can independently carry out administrative management activities in its own name, make administrative acts that affect the rights and obligations of the counterpart, and bear the legal consequences arising therefrom.

The de jure administrative subject has the following characteristics:

1) An administrative entity is an organization that has administrative power and carries out administrative activities. Not all organizations can become administrative subjects, only those that exercise the administrative power of the state can become administrative subjects. The state administrative organ has the administrative functions and powers stipulated in the Constitution and the Organic Law, and it can become the administrative subject; Enterprises, public institutions, and social organizations cannot exercise state administrative power and carry out administrative acts without special authorization from laws and regulations, and therefore do not have the qualifications of administrative entities.

2) The administrative entity must be an organization that can independently carry out administrative activities in its own name. Whether or not management can be carried out in one's own name is the criterion for judging whether an administrative organ is an administrative entity. For example, although the entrusted organizations can also exercise state administrative functions and powers and carry out certain administrative acts within the scope of the entrustment, they are not carried out in their own name, but in the name of the administrative organ entrusting them, so the entrusted organization is not an administrative subject.

3) The administrative subject must be an organization capable of bearing the legal consequences of administrative activities. Whether an organization is an administrative subject in a certain activity is an important criterion to see whether it is eAssume the responsibilities arising from the administrative activities, if it only implements the administrative activities, but does not bear the responsibilities arising therefrom, then the organization is not an administrative subject. If a social group accepts the entrustment of an administrative organ to engage in official activities, but does not bear the responsibilities arising therefrom, and the responsibility is borne by the entrusting administrative organ, the entrusted social group is not an administrative entity, and the subject can only be the entrusting administrative organ.

Another example is that the administrative functions and powers of an administrative organ are exercised by civil servants, but the civil servants' official acts do not bear legal responsibility to the outside world, and civil servants cannot respond to the lawsuit as defendants in administrative litigation. The administrative organ to which a civil servant belongs bears administrative legal responsibility externally for the conduct of his or her duties, and in administrative litigation, the organ to which he belongs is the defendant to respond to the lawsuit. Therefore, civil servants are not administrative subjects.

4) Administrative entities are generally appointed by administrative organs and organizations authorized by laws and regulations. The administrative subject is mainly held by the administrative organ, but it is not limited to the administrative organ, and the law or regulation authorizes a certain non-administrative organ social organization to exercise a certain administrative function or carry out a certain administrative act, and the organization obtains the status of an administrative subject.

Civil law is a rights-based law, a private law aimed at protecting the rights of natural persons who are equal subjects.

Administrative law is the law of the state, the standard of power, which mainly reflects the will of the state and is a typical public law.

Both administrative law and civil law are important components of a country's legal system, and both are equally important and indispensable.

Legal analysis: Based on the role of administrative law, administrative law is divided into: administrative organization law, administrative behavior law, and supervision behavior law.

Legal basis: Article 12 of the Administrative Litigation Law of the People's Republic of China: The people's courts accept the following lawsuits brought by citizens, legal persons or other organizations:

1) Refusing to accept administrative punishments such as administrative detention, temporary seizure or revocation of permits and licenses, orders to suspend production and business, confiscation of unlawful gains, confiscation of illegal property, fines, warnings, or other administrative punishments;

2) Refusing to accept administrative compulsory measures or administrative compulsory enforcement such as restricting personal liberty or sealing, seizing, or freezing property;

3) Where an administrative organ refuses or does not respond within the statutory time limit when applying for an administrative license, or is dissatisfied with other decisions made by the administrative organ on administrative licensing;

4) Refusing to accept a decision made by an administrative organ on confirming the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas;

5) Refusing to accept the expropriation or expropriation decision and the compensation decision;

6) Where an application is made to an administrative organ to perform a legally-prescribed duty to protect personal rights, property rights, or other lawful rights and interests, but the administrative organ refuses to perform or does not respond;

7) Where it is found that an administrative organ has violated its operational autonomy or the right to contract and operate rural land or the right to operate rural land;

8) Where it is found that an administrative organ has abused its administrative power to eliminate or restrict competition;

9) Where it is found that an administrative organ has illegally raised funds, apportioned expenses, or illegally demanded the performance of other obligations;

10) Where it is found that an administrative organ has not paid a bereavement pension, minimum subsistence allowance or social insurance benefits in accordance with law;

11) It is believed that the administrative organ does not perform in accordance with the law, fails to perform in accordance with the agreement, or illegally changes or dissolves the ** franchise agreement, land and housing expropriation compensation agreement and other agreements;

In addition to the provisions of the preceding paragraph, the people's courts accept other administrative cases in which laws and regulations provide that litigation may be initiated.

Answer]: B The status and effect of law are inferior to the Constitution, but higher than the normative documents formulated by other state organs. Law is one of the important sources of administrative law.

The effectiveness of administrative regulations is lower than that of the legal family, and higher than that of local laws and regulations. Administrative regulations are a large number of administrative regulations and are the main source of administrative law.

What are the characteristics of administrative law.

1) Characteristics of content.

1.Administrative law covers a wide range of fields and is very rich in content, and the extreme expansion of modern administrative power has extended the scope of administrative activities to all aspects of social life, and the whole process of managing citizens "from the cradle to the grave" is implemented. The law as a superstructure must reflect this reality and adjust it in all aspects, which determines the breadth of the content of administrative law.

2.Administrative law norms have obvious changeability, and administrative law norms expressed in the form of constitutions and laws have a certain degree of stability because they have certain principles and abstractions, but the state's administrative management methods change frequently, and the administrative law norms expressed in the form of administrative regulations and administrative rules must be adjusted in time to meet the needs of management because the content involved is too specific.

3.Due to the particularity of administrative power, for the sake of democracy, fairness, efficiency, etc., it is necessary to stipulate the steps, sequence, methods, and time limits for the exercise of administrative power. As a result, the substantive and procedural norms governing executive power are often intertwined, combining substantive and procedural norms.

2) Formal features.

1.There is no complete and unified code of administrative lawAdministrative law is different from civil law and criminal law, there is no unified code that integrates basic norms, and the legal norms on which administrative law depends are scattered in various legal documents, which has a lot to do with its extensive and volatile content.

Seepage Fraud 2Administrative law has formed a unified code in some fields, such as the Administrative Punishment Law that has been formulated in China, the Administrative Procedure Law, the Administrative Licensing Law, and the Administrative Enforcement Law that are being formulated.

The above is for you to sort out the relevant knowledge on the issue of "what are the characteristics of administrative law", this ** provides you with professional lawyer consultation, if you still have any questions, welcome to enter the consultation.

The hierarchy of the validity of the law (the level of validity or the hierarchy of the effectiveness of the law) The difference in the level of effectiveness of the legal norms of different sources in the legal system of a country. In general, the following principles should be followed: 1 The higher the status of the general law-making organ, the higher the level of effectiveness of legal norms 2 The effectiveness of special legislation is better than that of general legislation, that is, "special is better than general", but it is limited to legal norms designated by the same subject 3 When the same law-making organ has successively enacted and promulgated two or more laws on issues in the same field, "the latter law is superior to the former law" 4 Among the legal norms formulated by the same subject, the level of effectiveness of the legal norms formulated according to the specific and stricter procedures of the model is higher than that formulated according to the general procedures 5 The laws or regulations enacted by a subordinate organ authorized by a state organ within the scope of its authorization are generally equivalent in effect to the laws or regulations formulated by the authorized organ itself, except where it only authorizes the formulation of implementing rules.

Article 5 of the Administrative Punishment Law of the People's Republic of China: Administrative punishments follow the principles of fairness and openness. The establishment and implementation of administrative punishments must be based on facts, and be commensurate with the facts, nature, circumstances, and degree of harm to society of the violation. Provisions for imposing administrative penalties for violations of the law must be made public; Where it has not been announced, it must not be the basis for administrative punishments.

Article 6 of the Administrative Punishment Law of the People's Republic of China: The implementation of administrative punishments and correction of illegal acts shall persist in combining punishment with education, and educate citizens, legal persons, or other groups to consciously abide by the law.

Answer]: a, b

Knowledge points: the concept and characteristics of civil law. The Royal Defense Civil Law regulates the property and personal relations between natural persons, legal leaders, and unincorporated organizations that are subject to such subjects. Civil law is the law between equals. So options A and B are correct.

Answer]: 1. Administrative law refers to the general term of the legal norms that regulate the social relations arising from the exercise of administrative power by Tuanbi and regulate and control administrative power.

2. (1) The various relationships that occur between the administrative organ or public organization exercising administrative power and the management counterparty in the course of external management. An administrative organ or public organization exercising administrative power may be referred to as an administrative subject. This relationship is characterized by an unequal status between the administrative subject and the counterpart of the management of the Zen judgment.

The former occupies a dominant position in the relationship, and the latter is in a position of passive obedience.

2) The various relationships that occur within the administrative body, including the relationship between the administrative organs at the lower and lower levels, the relationship between the administrative organs at the same level, the relationship between the administrative organs and the state civil servants, and the relations between the administrative organs and the public organizations authorized by law, etc.

3) The relationship between the organs of state power, the judiciary, the supervisory organs and the administrative subjects. Administrative entities are in a position of being supervised and reviewed.