How to improve the Organic Law of China s administrative organs

It mainly includes administrative organization and civil service issues.

The Administrative Organization Law is a general term for various legal norms that regulate administrative subjects and their interrelationships, and is mainly composed of the relevant administrative organs' setup, tasks, status, composition, powers, duties, activity procedures and methods, and establishment, as well as the norms related to the recruitment, training, evaluation, rewards and punishments, promotions, transfers, and rights and obligations of administrative staff (civil servants).

Organizations can be divided into two categories: natural organizations and social organizations. But in terms of social organization, different countries have different ways of classifying them. Some Western countries basically divide social organizations into three categories:

i.e. ** and other checks and balances, corporate companies and social groups. In China, social organizations are generally divided into four categories: party and government organs, enterprises, companies, public institutions, and social organizations.

In recent years, a new category of social organizations has also emerged - private non-enterprise units (private institutions). Due to the different national conditions of each country, the composition of social organizations is also different.

Western countries generally do not have the concept of what China calls "public institutions", but classify organizations similar to Chinese public institutions as ** institutions or semi-** institutions; In some Western countries, political party organizations are also included in the category of social organizations, but in China, political party organizations are generally not regarded as social organizations.

Administrative organization

Administrative organization in the modern sense refers to the exercise of state administrative powers, the management of public administration affairs of the state administrative organs, as well as in accordance with the laws and regulations authorized or entrusted by the administrative organs or in accordance with the approved charter and statutes, the management of social and public affairs, especially with the industry, professional administrative affairs other than the administrative organs.

The main ones are the Organic Law of the People's Republic of China and the Organic Law of the People's Republic of China on Local People's Congresses at All Levels and Local People's Organizations at All Levels.

In general, these laws are laid down in the Constitution, but because of the close connection between the Constitution and administrative law, they are legal documents within the scope of the administrative organization law.

The Administrative Organization Law is a general term for various legal norms that regulate the main body of administration and its interrelationship, and is mainly composed of the rules and regulations on the establishment, tasks, status, composition, powers, duties, procedures and methods of activities, and the establishment of relevant administrative organs, as well as the recruitment, training, evaluation, rewards and punishments, promotions, transfers, and rights and obligations of administrative staff (civil servants).

The administrative organization law has the following functions:

The function of power allocation: that is, setting power, distributing power, and adjusting power; Standardize management functions: it is conducive to the unification and clarification of terms related to administrative organizations, the setting of administrative agencies, the form of external management subjects of administrative organs, and the management of administrative establishments and civil servants; Safeguard Function:

To ensure the realization of citizens' right to participate in administration, to ensure that the management of administrative organizations conforms to objective laws, and to ensure that the establishment and authority of administrative institutions meet the needs of market economic development; Control function: The administrative organization law can control the self-expansion of the power of the administrative organization, which is conducive to controlling the total number of administrative organs and the size of internal institutions and civil servants.

The Administrative Organization Law is a general term for various legal norms that regulate the main body of administration and its interrelationship, and is mainly composed of the rules and regulations on the establishment, tasks, status, composition, powers, duties, procedures and methods of activities, and the establishment of relevant administrative organs, as well as the recruitment, training, evaluation, rewards and punishments, promotions, transfers, and rights and obligations of administrative staff (civil servants).

The administrative organization law has the following functions:

The function of power allocation: that is, setting power, distributing power, and adjusting power; Standardize management functions: it is conducive to the unification and clarification of terms related to administrative organizations, the setting of administrative agencies, the form of external management subjects of administrative organs, and the management of administrative establishments and civil servants; Safeguard Function:

To ensure the realization of citizens' right to participate in administration, to ensure that the management of administrative organizations conforms to objective laws, and to ensure that the establishment and authority of administrative institutions meet the needs of market economic development; Control function: The administrative organization law can control the self-expansion of the power of the administrative organization, which is conducive to controlling the total number of administrative organs and the size of internal institutions and civil servants.

The Administrative Organization Law is a general term for various legal norms that regulate administrative subjects and their interrelationships, and is mainly composed of the relevant administrative organs' setup, tasks, status, composition, powers, duties, activity procedures and methods, and establishment, as well as the norms related to the recruitment, training, evaluation, rewards and punishments, promotions, transfers, and rights and obligations of the relevant administrative organs.

The administrative organization law has the following functions:

The function of power allocation: that is, setting power, distributing power, and adjusting power; Standardize management functions: it is conducive to the unification and clarification of terms related to administrative organizations, the setting of administrative agencies, the form of external management subjects of administrative organs, and the management of administrative establishments and civil servants; Safeguard Function:

Guarantee and withhold the realization of citizens' right to participate in administrative affairs, hinder the management of administrative organizations in line with objective laws, and ensure that the establishment of administrative institutions and the scope of authority meet the needs of market economic development; Control function: The administrative organization law can control the self-expansion of the power of the administrative organization, which is conducive to controlling the total number of administrative organs and the size of internal institutions and civil servants.

What are the basic elements of the Organic Law of the Executive Organs?

A:a. Legal basis. It is one of the conditions that determine the legality of the administrative organization law.

b. Affiliation. It refers to the relationship between the leader and the led, as well as the relationship of power and responsibility between administrative organs.

c. Responsibilities and authority. It refers to the matters in charge of administrative organs and the scope of their powers.

d. Term of office. Refers to the existence of clear provisions for the duration of the term of office of the head of the executive.

e. Institutional settings. Refers to the establishment of internal organs of administrative organs.

f. Staffing. It refers to the personnel quota and various personnel structures of administrative organs.

g. Other matters. Such as effective conditions, etc.

The organic law within the administrative body is considered to be part of the administrative law.

Administrative law mainly refers to the laws and rules used to manage public affairs and perform the best functions. The internal organic law of administrative organs refers to the laws and regulations that stipulate a series of rules and procedures such as the internal organizational and management structure, the allocation of functions and powers, and the work transfer process of administrative organs. These laws and regulations include organizational regulations, policy documents, work rules, and institutional regulations within administrative organs.

The internal organic law of the administrative organ is of great significance for the internal management and operation of the administrative organ.

Administrative law is a legal discipline that studies administrative organs and their behaviors, including the first level of administrative power, the way of exercising, the legal status, the effectiveness of administrative acts, and administrative responsibility. To a certain extent, the Organic Law of the Ministry of Internal Advancement of Administrative Organs deals with the functions and powers of administrative organs and the manner in which they are exercised, but it is more concerned with the internal affairs of administrative organs and therefore does not fall within the scope of administrative law.

Legal Analysis: The core content of the Organic Law of Administrative Organs is the functions and powers of administrative organs. The functions and powers of administrative organs are usually prescribed by the Constitution and laws, and are mainly divided into two aspects: enforcement and management.

In terms of enforcement, the administrative organs shall implement the laws and decisions formulated by the representative organs, and the local administrative organs shall implement the orders of the higher administrative organs and the resolutions of the representative organs at the same level in addition to the above-mentioned laws and decisions. In terms of management, the administrative organs manage the internal affairs, foreign affairs, and military affairs of the whole country, while the local administrative organs mainly manage internal affairs and do not manage foreign affairs, and there are very few administrative affairs in the military aspect.

Legal basis: Article 89 of the Constitution of the People's Republic of China *** Exercise the following functions and powers:

1) In accordance with the Constitution and laws, stipulate administrative measures, control and enforce administrative regulations, and issue decisions and orders (2) Submit bills to the National People's Congress or the Standing Committee of the National People's Congress (3) Stipulate the tasks and responsibilities of all ministries and committees, and lead the work of all ministries and committees in a unified manner, and lead the national administrative work that does not belong to the ministries and committees (4) Uniformly lead the work of local state administrative organs at all levels throughout the country, and stipulate that ** and provinces, autonomous regions, The specific division of functions and powers of the state administrative organs of the municipalities directly under the Central Government: (5) to prepare and implement national economic and social development plans and state budgets, (6) to lead and manage economic work, urban and rural construction, and the construction of ecological civilization, (7) to lead and manage education, science, culture, health, sports, and family planning work, (8) to lead and manage civil affairs, public security, judicial administration, and other work, (9) to manage foreign affairs, and to conclude treaties and agreements with foreign countries, (10) to lead and manage national defense construction, and (11) to lead and manage ethnic affairs, Guarantee the equal rights of ethnic minorities and the right of autonomy of ethnic autonomous areas (12) Protect the legitimate rights and interests of overseas Chinese and protect the legitimate rights and interests of returned overseas Chinese and their relatives (13) Change or revoke inappropriate orders, directives and rules issued by various ministries and commissions (14) Change or revoke inappropriate decisions and orders of local administrative organs at all levels (15) Approve the regional division of provinces, autonomous regions and municipalities directly under the Central Government, and approve the establishment and regional division of autonomous prefectures, counties, autonomous counties and cities ( 16) Decide on the entry of a state of emergency in some areas within the scope of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the provisions of law; (17) Examine and approve the establishment of administrative bodies, and appoint, remove, train, evaluate, reward and punish administrative personnel in accordance with the provisions of law; (18) Other functions and powers delegated by the National People's Congress and the Standing Committee of the National People's Congress.