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1. The answer is ACD. The reason is that the court only examines the legality of a specific administrative act, but does not examine its reasonableness. In the administrative reconsideration stage, the legality and rationality of specific administrative acts must be reviewed.
2. The scope of statutory discretion is legal and reasonable, and you are considered from the perspective of the Administrative Reconsideration Law, and you are the perfect enforcer of the law.
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Legal, not reasonable conditions.
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Legal analysis: 1. The subject of the administrative act is legitimate;
2. Administrative acts should be within the scope of authority of the administrative entity;
3. The content of the administrative act shall be lawful and appropriate;
4. Administrative acts shall comply with legal procedures.
legal basis; Administrative Litigation Law of the People's Republic of China》 Article 3: People's courts shall safeguard the right of citizens, legal persons, and other organizations to sue, and accept administrative cases that should be accepted in accordance with law.
Administrative organs and their staffs must not interfere with or obstruct the acceptance of administrative cases by the People's Movement Courts.
The responsible person for the administrative organ that is the subject of the lawsuit shall appear in court to respond to the lawsuit. and where they are unable to appear in court, they shall entrust the corresponding staff of the administrative organ to appear in court.
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Legal analysis: 1. The subject of the administrative act is legitimate;
2. Administrative acts shall conform to the scope of authority of the administrative subject;
3. The content of the administrative act shall be lawful and appropriate;
4. Administrative acts shall comply with legal procedures.
Legal basis: Administrative Litigation Law of the People's Republic of China Article 3: People's courts shall safeguard the right of citizens, legal persons, and other organizations to sue, and accept administrative cases that should be accepted in accordance with law.
Administrative organs and their staffs must not interfere with or obstruct the people's courts' acceptance of administrative cases.
The responsible person for the administrative organ that is the subject of the lawsuit shall appear in court to respond to the lawsuit. and where they are unable to appear in court, they shall entrust the corresponding staff of the administrative organ to appear in court.
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Answer]: a, c
1) Option B: It is an internal administrative act, and Feng Peichun should resolve it through appeal, and it is not actionable or negotiable; (2) Option D: Citizens, legal persons or other organizations believe that the normative documents (excluding rules) formulated by the administrative act on the basis of which the administrative act is based are illegal, and when filing a lawsuit against the administrative act, they may also request a review of the normative document.
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Answer]: Article 5 of the Administrative Litigation Law stipulates: "The people's court hears the case of administrative chong and skill, and examines the legality of the specific administrative act.
The People's Court establishes the unique principle of the people's court's review of the legality of specific administrative acts through scattered administrative adjudication, referred to as the principle of legality review or the principle of judicial review. Legality review includes two meanings: review in the procedural sense and review in the substantive sense. Procedural legality review refers to the fact that the people's court accepts an administrative case in accordance with the law and has the right to hear and make a judgment on the legality of the specific administrative act being sued.
Review in the substantive sense refers to the fact that the people's court only examines the legality of specific administrative acts, but does not examine abstract administrative acts, and generally does not review whether specific administrative acts are reasonable. That said, it's a limited review.
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Hello, I am glad to answer for you, the legal basis of a specific administrative act refers to the basis of a specific administrative act in the source of law, and is a concept that is commensurate with its factual basis. It refers to the normative documents on the basis of which the administrative subject makes specific administrative acts, including not only the legal document basis for the administrative subject to make the specific administrative act, but also the other normative document basis made by the administrative subject without legislative power in accordance with the statutory duties and laws. According to Article 63 of the Administrative Litigation Law of the People's Republic of China, the people's courts hear administrative cases on the basis of laws, administrative regulations, and local regulations.
Local regulations apply to administrative cases that occur within the administrative region. The people's courts hear administrative cases in ethnic autonomous areas and are based on the autonomy regulations and special regulations of that ethnic autonomous area. People's courts hearing administrative cases refer to rules.
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Answer]: The legal requirements of an administrative act refer to the legal conditions that must be met frequently for a lawful administrative act.
1) The subject of the act is legitimate. Only the lawful administrative acts of the subject of the act are lawful administrative acts. This requires:
The actor shall have the qualifications of an administrative entity. That is, only administrative acts made by administrative entities with legal qualifications are legitimate administrative acts. Qualification here refers to being able to carry out administrative acts in one's own name and being able to independently bear the corresponding legal effects, that is, the qualification of form and delay.
The administrative entity of the collegial system shall take administrative acts by the resolution of the meeting. The meeting shall meet the requirements, i.e., it shall be convened and presided over by a legitimate public servant, with the participation and adoption of the required majority. Public employees who carry out acts shall have a lawful identity, that is, public employees who carry out administrative acts on behalf of administrative entities must be persons who have lawfully obtained the status of public officials (including obtaining qualifications to carry out administrative acts through authorization or entrustment).
2) The authority to act is legitimate. Only administrative acts with legitimate authority are lawful administrative acts. This requires:
The administrative act must be done within the legal authority of the administrative subject. That is to say, the administrative entity must take administrative acts within the scope of its own affairs jurisdiction, territorial jurisdiction and hierarchical jurisdiction, the authorized organization must be within the scope of authorization, and the entrusted organization must take administrative acts within the scope of entrustment. There is no abuse of power in the execution of administrative acts.
3) The content of the act is lawful. Only administrative acts whose content is lawful are lawful administrative acts. This requires:
Administrative acts have a factual basis, and the expression of intent is true, complete, and definite. Abstract administrative acts have a legal basis. The laws and regulations applicable to specific administrative acts are correct.
The purpose of an administrative act conforms to the original intent of the legislation, and the legislative intent cannot be distorted or deviated from the purpose and principles of the law.
4) The procedure of conduct is lawful. Only administrative acts that comply with legal procedures are lawful administrative acts. This requires that administrative acts conform not only to the basic principles of administrative procedures (such as the principle of the order in which evidence is collected and facts are ascertained first, and then adjudicated and disposed of and a decision is made), but also to conform to the systems of administrative procedures (such as the system of hearing and explaining the reasons).
5) The form of behavior is legal. Only an administrative act that is lawful in form is a lawful administrative act. This requires that the administrative act must be in the form required by law.
The people's courts conduct a review of the legality of specific administrative acts, and basically follow the requirements for the legality of administrative acts. Article 54 of the Administrative Litigation Law stipulates that where the evidence for a specific administrative act is conclusive, the applicable laws and regulations are correct, and the legal procedures are complied with, the judgment shall be upheld. This is a provision for the conditions under which the judgement is upheld.
A people's court can only make a judgment to uphold a specific administrative act if it meets the following three conditions at the same time: the evidence is conclusive; The applicable laws and regulations are correct; Comply with legal procedures.
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Answer] :d Analysis] This question examines the relevant provisions of administrative litigation. After review, the people's court shall decide to file the case or rule not to accept it within 7 days of receiving the complaint. If the plaintiff is not satisfied with the ruling, the lead may be appealed. Withered shirts.
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Answer] :d Answer] Modulus width d
Analysis] The people's court receives a complaint from Tingfan, and after review, it shall decide to file the case or rule not to accept it within 7 days. Where the plaintiff is not satisfied with the ruling, he may file an appeal.
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