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It is divided into three categories: ** organs and institutions, local organs and institutions, and non-** organizations and individuals
1. There are six main categories of organs and institutions:
a.***;
b.constituent departments, including ministries and commissions;
c.Directly subordinate units and ad hoc institutions.
d.Bodies that make up departmental management.
e.In principle, the internal institutions have no administrative powers, but some internal institutions have enjoyed certain administrative powers through special authorization by laws and regulations, and the common ones in the examination are the Patent Review and Adjudication Board, which is the internal body of the Intellectual Property Office, the Trademark Review and Adjudication Board is the internal agency of the Industrial and Commercial Bureau, and the Public Security Fire Bureau, the Public Security Traffic Management Bureau and the Public Security Border Defense Bureau under the Ministry of Public Security are the internal institutions of the Ministry of Public Security.
f.Deliberative and coordinating bodies delegated.
2. Local organs and institutions are also divided into six categories:
a.Local people at all levels**, including people at the county level to the provincial level**.
B, above the county ** work departments, directly subordinate institutions, ad hoc institutions, here and ** work departments, directly subordinate institutions, ad hoc institutions are the same, basically ** what departments, what departments are there in the locality, here to pay attention to the term, must be above the county level, township people ** is no work department, directly under the agency, ad hoc institutions, township people ** no work department. c.All kinds of dispatched organs have the status of quasi-**, including the regional administrative offices dispatched by the provincial-level people, the district offices dispatched by the county-level people, and the sub-district offices dispatched by the county-level or municipal districts.
d.**Branches established by organs or institutions in accordance with the law.
e.Authorized police agencies, internal agencies, including police stations, public security offices, tax offices, fComprehensive law enforcement agencies under statutory conditions, comprehensive law enforcement agencies established in accordance with the provisions of the Administrative Punishment Law.
In addition to the above six categories, other local ** offices, offices, unauthorized internal agencies, dispatched agencies and unauthorized deliberative and coordinating bodies do not have the qualifications of administrative entities.
3. The third category is non-** organizations and individuals, and non-** organizations can become administrative subjects after authorization, including four categories:
a.Authorized business organizations, such as railway transportation enterprises, postal enterprises, telecommunications enterprises and other public utility enterprises.
b.Authorized public institutions.
c.Authorized social groups, such as industry associations.
d.Authorized village committees and residents' committees.
The above four types of organizations can obtain the qualification of administrative subject according to authorization, which must be authorized here, and mere entrustment does not produce the acquisition of subject qualifications.
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c. It does not have the qualifications of an administrative entity and is an internal organization.
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Legal analysis: administrative entities include: 1. ** organs and their agencies. 2. Tenant agencies and their institutions. 3. Non-** organizations and individuals.
Legal basis: Article 2 of the Administrative Litigation Law stipulates that citizens, legal persons or other organizations have the right to file a lawsuit with the People's Wheel Hunger Court in accordance with this Law if they believe that the administrative acts of administrative organs and their staff infringe upon their lawful rights and interests.
"Administrative acts" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.
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1. What are the administrative entities?
1. The administrative subjects are as follows:
1) ** Organs and their institutions; State organs that exercise the administrative functions and powers of the State and are responsible for organizing, managing, supervising and directing the administrative affairs of the State;
2) Administrative organs: refers to the internal organizations, dispatched organizations and temporary organizations set up by the state administrative organs for administrative management to specifically handle and undertake various administrative affairs;
3) Non-** organizations and individuals: entrusted organizations and individuals who carry out administrative acts in the name of the entrusting administrative organ, and the entrusting organ shall bear legal responsibility for the consequences of the implementation of administrative acts.
2. Legal basis: Article 2 of the Administrative Litigation Law of the People's Republic of China.
"Administrative acts" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.
2. What are the characteristics of administrative subjects?
1. The administrative subject is an organization that enjoys the administrative power of the state and implements administrative activities. This is the difference between administrative entities and other state organs and organizations;
2. An administrative entity is an organization that can exercise administrative power in its own name. This is the difference between an administrative body and an internal body of an administrative organ and an organization entrusted by an administrative organ to perform certain administrative tasks;
3. The administrative entity is an organization that can independently bear the legal responsibilities arising from its actions. This is a concrete manifestation of the independent legal personality of an administrative entity, and it is also a necessary condition for an organization to become an administrative entity.
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What are the explanations of the administrative subjects of administrative law are as follows:
The subject of administrative law, that is, the subject of administrative legal relations, refers to the participants in various administrative relations regulated by administrative law, including organizations and individuals. Specifically, organizations include state organs, enterprises, public institutions, social groups, and other organizations, while individuals include state civil servants, citizens, foreigners, and stateless persons as administrative counterparts.
Administrative law subjects refer to the parties who enjoy rights and assume obligations in specific administrative law relationships, including administrative subjects and administrative counterparts.
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The administrative body includes the following ten:
1、***;2. All ministries and committees; Directly subordinate institutions and offices; 3. Directly subordinate institutions and offices; 4. Centralized management of ministries and commissions and national bureaus; 5. Local people at all levels**; 6. The dispatched organs of the local people's **; 7. Functional departments of local people at all levels. 8. Dispatched organs and dispatched agencies authorized by laws and regulations; 9. Internal organs, deliberative bodies and temporary bodies of administrative organs authorized by laws and regulations; 10. Other organizations authorized by laws and regulations.
The de jure administrative subject has the following characteristics:
1. The administrative subject is an organization with administrative power and the implementation of administrative activities. Not all organizations can become administrative subjects, only those that exercise the administrative power of the state can become administrative subjects.
2. The administrative subject must be an organization that can independently carry out administrative management 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 or not.
3. The administrative subject must be an organization that can bear the legal consequences of administrative activities. Whether an organization is the administrative subject of a certain activity is an important criterion to see whether it bears the responsibilities arising from the administrative activities, and if it only implements administrative activities, but does not bear the responsibilities arising therefrom, then the organization is not an administrative subject.
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An administrative entity is a party to the legal relationship of administrative management, and refers to an administrative organ or an organization authorized by laws and regulations that can exercise state administrative functions and powers in its own name, make administrative acts that affect the rights and obligations of the administrative counterpart, and can bear administrative legal responsibility externally, and can respond to litigation as a defendant in administrative litigation.
The main administrative entities are: 1. ** organs and their institutions. 2. Local authorities and their institutions. 3. Non-** organizations and individuals.
[Legal basis]:
In accordance with the provisions of the "Administrative Litigation Law of the People's Republic of China".Article 11:The people's courts accept lawsuits brought by citizens, legal persons, and other organizations dissatisfied with the following specific administrative acts:
1) Refusing to accept administrative punishments such as detention, fines, revocation of permits and licenses, orders to suspend production and business, or confiscation of property;
2) Refusing to accept administrative compulsory measures such as restricting personal liberty or sealing, seizing, or freezing property;
3) Where it is found that an administrative organ has violated the operational autonomy provided for by law;
4) Where it is found that the legally-prescribed requirements are met and an application is made to an administrative organ for the issuance of a permit or license, but the administrative organ refuses to issue it or does not respond;
5) Where an application is made to an administrative organ to perform a legally-prescribed duty to protect personal rights or property rights, but the administrative organ refuses to perform or does not respond;
6) Where it is found that the administrative organ has not issued a bereavement pension in accordance with law;
7) Where it is found that an administrative organ has violated the law by requesting the performance of an obligation;
8) Where it is found that an administrative organ has violated the personal rights or property rights of others.
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.
In China, any functions and powers of administrative organs are stipulated through China's constitution and laws, and the functions and powers of China's administrative organs mainly include two aspects, one is implementation, and the other is management. China's administrative organs may have the right to make relevant administrative decisions and may also publish relevant administrative orders or decisions when exercising their functions and powers.
The above is in response to the question "What is an administrative subject?" And "What are the administrative subjects?" I hope it will be helpful to you.
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An administrative entity refers to an organization that enjoys administrative powers, exercises administrative powers in its own name, and assumes responsibilities independently.
Administrative entities include: ** organs and their agencies, local organs and their agencies, non-** organizations and individuals.
Administrative entities have the following three characteristics:
1. The administrative subject is an organization that enjoys the administrative power of the state and implements administrative activities. This is the difference between administrative entities and other state organs and organizations;
2. An administrative entity is an organization that can exercise administrative power in its own name. This is the difference between an administrative body and an internal body of an administrative organ and an organization entrusted by an administrative organ to perform certain administrative tasks;
3. An administrative entity is an organization that can independently assume the legal responsibilities arising from its acts. This is a concrete manifestation of the independent legal personality of an administrative entity, and it is also a necessary condition for an organization to become an administrative entity.
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Administrative entities include state administrative organs and organizations authorized by laws and regulations. Administrative entities have the following three characteristics:
1. The organization that enjoys the strong chain of state administrative power and implements administrative activities is the difference between the administrative subject and other state organs and organizations;
2. Organizations that can exercise administrative power in their own names are the difference between administrative subjects and the constituent bodies within administrative organs and organizations entrusted by administrative organs to perform certain administrative tasks;
3. An organization that can independently assume the legal responsibilities arising from its actions is a concrete manifestation of the independent legal personality of the administrative subject, and it is also a necessary condition for an organization to become an administrative subject.
Administrative Litigation Law of the People's Republic of China
Article 75.
Where there are major and obvious illegal circumstances such as the carrying out entity not having the qualifications of an administrative entity or having no basis, and the plaintiff applies for confirmation that the administrative act is invalid, the people's court shall make a judgment confirming that the administrative act is invalid. Article 8.
The parties have equal legal status in administrative proceedings.
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Legal analysis: According to the relevant laws and regulations of our country, the main body of administrative legislation includes the people, the people of the provinces, autonomous regions and municipalities directly under the Central Government, the people of the cities where the people of the provinces and autonomous regions are located, the people of the larger cities approved by the people, and the people of the cities where the special economic zones are located.
The law is based on the law: "Administrative Punishment Law of the People's Republic of China" Article 20: Administrative punishment shall be under the jurisdiction of the administrative organ that has the power of administrative punishment by the local people at or above the county level where the illegal act occurred. Except as otherwise provided by laws and administrative regulations.
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