Can laws and administrative regulations authorize public organizations to carry out administrative c

Updated on society 2024-03-22
8 answers
  1. Anonymous users2024-02-07

    Laws, administrative regulations, and public organizations may be authorized to carry out administrative coercive measures. Administrative compulsory measures shall be carried out by qualified administrative law enforcement personnel of administrative organs, and must not be carried out by other personnel.

    According to Article 17 of the Administrative Coercion Law of the People's Republic of China, administrative coercive measures shall be implemented by the administrative organs prescribed by laws and regulations within the scope of their statutory powers. The power of administrative compulsory measures must not be delegated. Administrative organs exercising relatively centralized administrative punishment power in accordance with the provisions of the "Administrative Punishment Law of the People's Republic of China" may implement administrative compulsory measures related to administrative punishment power as provided for by laws and regulations.

    Administrative compulsory measures shall be carried out by qualified administrative law enforcement personnel of administrative organs, and must not be carried out by other personnel.

    Article 16: Administrative organs performing administrative management duties are to implement administrative compulsory measures in accordance with the provisions of laws and regulations. Where the circumstances of the illegal conduct are obviously minor or there is no obvious harm to society, administrative compulsory measures may not be employed.

  2. Anonymous users2024-02-06

    Organizations authorized by laws and administrative regulations to manage public affairs cannot be the subject of administrative compulsory enforcement.

    Article 2 of the Administrative Coercion Law: "Administrative compulsion" as used in this Law includes administrative coercive measures and administrative compulsory enforcement.

    Article 70: The provisions of this Law on administrative organs apply to organizations authorized by laws or administrative regulations to have public affairs management functions to carry out administrative compulsion in their own name within the scope of their legally-prescribed authorization.

  3. Anonymous users2024-02-05

    Article 17 of the "Administrative Compulsory Law Enforcement" stipulates that administrative compulsory measures shall be implemented by the administrative organs prescribed by laws and regulations within the scope of their statutory powers. The power of administrative compulsory measures must not be delegated.

    There is no provision in the law that prohibits the authorization of enforcement. Administrative organs provided for by laws and regulations and organizations authorized by laws and regulations may implement compulsory measures.

  4. Anonymous users2024-02-04

    Coercive measures cannot be authorized. It is expressly required by law.

  5. Anonymous users2024-02-03

    Laws and regulations may authorize public organizations to carry out administrative coercive measures! Isn't authorization a direct provision of laws and regulations? What is the understanding of the satisfactory answer?

  6. Anonymous users2024-02-02

    Administrative regulations may set up administrative coercive measures other than Article 9 restricting citizens' personal freedom, Item 4 freezing deposits and remittances, and other administrative coercive measures that shall be prescribed by law.

    Legal search and arrest in accordance with Article 9 of the "Administrative Coercion Law of the People's Republic of China" Types of administrative coercive measures: (1) restricting citizens' personal freedom; (2) Sealing up places, facilities, or property; (3) Seizure of property; (4) Freezing deposits and remittances; (5) Other administrative compulsory measures.

    Article 10: Administrative compulsory measures are established by law.

    Where laws have not yet been enacted, and are matters of administrative authority, administrative regulations may establish administrative compulsory measures other than those provided for in paragraphs 1 and 4 of article 9 of this law and administrative compulsory measures that shall be prescribed by law. Where laws or administrative regulations have not yet been drafted, and it is a local matter, the local regulations may establish the administrative compulsory measures provided for in items 2 and 3 of article 9 of this Law. Other normative documents other than laws and regulations must not set up administrative compulsory measures.

  7. Anonymous users2024-02-01

    Legal Analysis: Legal persons or other organizations that carry out administrative compulsion against administrative organs enjoy the right to make statements and defenses, and have the right to apply for administrative reconsideration or file administrative lawsuits in accordance with the law.

    Legal basis: Article 8 of the Administrative Coercion Law of the People's Republic of China Citizens, legal persons or other organizations enjoy the right to make statements and defenses against administrative organs that carry out administrative compulsion; have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law; Where an administrative organ suffers harm as a result of its illegal implementation of administrative compulsion, it has the right to demand compensation in accordance with law.

    Where citizens, legal persons, or other organizations suffer harm as a result of the people's courts' illegal conduct in compulsory enforcement, or by expanding the scope of enforcement of the coercive and coercive system, they have the right to demand compensation in accordance with law.

  8. Anonymous users2024-01-31

    Legal analysis: According to the provisions of the law, citizen legal persons or other organizations have the right to make statements and defenses against the administrative compulsory acts of administrative organs, and if citizen legal persons or other organizations are harmed by the administrative compulsory acts carried out by administrative organs illegally, they may file an administrative reconsideration or administrative lawsuit to request compensation from the relevant administrative organs.

    Legal basis: Article 8 of the Administrative Coercion Law of the People's Republic of China Citizens, legal persons or other organizations enjoy the right to make statements and defenses against administrative organs that carry out administrative compulsion; have the right to apply for administrative reconsideration or file a noisy clan political lawsuit in accordance with the law; Where an administrative organ suffers harm as a result of its illegal implementation of administrative compulsion, it has the right to demand compensation in accordance with law. Where citizens, legal persons, or other organizations suffer harm as a result of the people's courts' illegal conduct in compulsory enforcement or the expansion of the scope of compulsory enforcement, they have the right to demand compensation in accordance with law.

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