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Law enforcement agencies refer to entities that have the authority or are entrusted to carry out law enforcement acts in accordance with law. In addition to the legally-prescribed administrative organs, adjudication organs, and procuratorial organs, law enforcement organs also include organizations authorized by laws and regulations, as well as organizations entrusted by administrative organs. China's administrative organs include two levels: ** administrative organs and local administrative organs.
**Administrative organs are composed of ***, *** constituent departments (including ministries, commissions, the People's Bank of China and the National Audit Office), *** directly subordinate institutions (such as customs, taxation, industry and commerce, environmental protection administration, etc.).
Local administrative organs include local people's departments at or above the county level (such as the Civil Affairs Bureau, Labor Insurance Bureau, Health Bureau, Audit Bureau, etc.), directly subordinate institutions and ad hoc institutions of the people at or above the county level (such as industry and commerce, quality supervision, environmental protection, food and drug administration, etc.), as well as the dispatched agencies of the people at all levels (including district offices, district offices, and sub-district offices).
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Law enforcement organs refer to the people's congresses, the standing committees of the people's congresses, the public security, the procuratorate, and the courts are all law enforcement organs, of which the public security is the dual identity of the law enforcement organs and the administrative organs. In addition, there are not law enforcement agencies, but the ruling organs, such as the Transportation Bureau, the Cultural Bureau, etc., there are too many departments, and the indiscriminate fines are all these departments, and the law enforcement bureaus in various places are also within this scope.
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Law enforcement organs include ** and local people** at all levels and their lawfully established dispatched organs, and departments of people's ** at or above the county level and their lawfully established dispatched agencies. Administrative organs are the mainstream of administrative law enforcement, which includes administrative law enforcement in a broad sense and administrative law enforcement in a narrow sense. Administrative law enforcement in a narrow sense refers to the behavior of administrative entities exercising administrative functions and powers, applying commonly used laws and norms to specific objects and producing legal effects.
Such acts are called specific administrative acts in jurisprudence and in relevant laws.
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Administrative law enforcement agencies refer to: Education Bureau, Public Security Bureau, Civil Affairs Bureau, Justice Bureau, Finance Bureau, Personnel Bureau, Labor and Social Security Bureau, Land and Resources Bureau, Urban Management Bureau, Health Bureau, Health Supervision Bureau, Construction Bureau, Transportation Bureau, Information Industry Bureau, Water Conservancy Bureau, Agriculture Bureau, Animal Husbandry and Fisheries Bureau, Forestry Bureau, Commerce Bureau, Cultural Bureau, Sports Bureau, Audit Bureau, Statistics Bureau, Small and Medium-sized Enterprise Bureau, Work Safety Supervision and Administration Bureau, Garden Bureau, Archives Bureau, Radio and Television Bureau, Press and Publication Bureau, Social Security Bureau, Meteorological Bureau, Quality and Technical Supervision Bureau, Ethnic and Religious Bureau, Urban and Rural Planning Bureau, Real Estate Management and Housing Security Bureau, Price Bureau, Environmental Sanitation Bureau, Food Bureau, Tourism Bureau, Industry and Commerce Bureau, State Taxation Bureau, Local Taxation Bureau, Science and Technology Bureau, etc.
Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs".
Article 2. The term "administrative law enforcement organs" as used in these Provisions refers to administrative organs that have the power to impose administrative punishments on undermining the order of the socialist market economy, obstructing the order of social management, and other illegal acts in accordance with the provisions of laws, regulations, or rules, as well as organizations authorized by laws and regulations to have the function of managing public affairs and carrying out administrative punishments within the scope of statutory authorization.
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Legal analysis: An administrative organ is an administrative organization established in accordance with the law to exercise the administrative functions and powers of the state, including ** and relevant functional departments, such as ***, city**, county finance bureau, and so on. Strictly speaking, law enforcement agencies are not a rigorous and precise legal formulation, and we can understand them as organs with law enforcement powers.
The difference between the two is that not all administrative organs have the power to enforce the law, such as the Bureau of Justice, the Bureau of Education, etc.; Not all law enforcement agencies are administrative organs, for example, the people's courts and procuratorates sometimes act as law enforcement agencies, but they are judicial organs. So they are not concepts on the same level, although they overlap.
Legal basis: Article 3 of the Constitution of the People's Republic of China The principle of democratic centralism is practiced by the state organs of the People's Republic of China. The National People's Congress and local people's congresses at all levels are democratically elected, accountable to the people, and subject to their supervision.
The administrative, supervising, adjudicating, and procuratorial organs of the state are all created by the people's congress and are responsible to it and subject to its supervision. The division of functions and powers between local state organs and local state institutions follows the principle of giving full play to the initiative and enthusiasm of local governments under the unified leadership of the government.
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Legal analysis: In China, law enforcement agencies include public security organs, procuratorial organs, courts, as well as industrial and commercial organs, tax authorities, customs and other administrative law enforcement agencies. In China, the public security organs, people's procuratorates, and people's courts are the law enforcement organs of the state; The public security organs are the public security and security organs of the state; The People's Procuratorate is the legal supervision organ of the State; The people's courts are the judicial organs of the state.
Administrative law enforcement agencies are actually administrative organs, and administrative organs have the power to enforce the law, so they are all law enforcement agencies.
Legal basis: Constitution of the People's Republic of China
Article 128:The people's courts of the People's Republic of China are the state's organs for adjudication and filmmaking.
Article 129: The People's Procuratorate of the People's Republic of China is the State's legal supervision organ.
Administrative Punishment Law of the People's Republic of China
Article 15: Administrative punishments are to be carried out by administrative organs with the power of administrative punishment within the scope of their statutory powers.
Article 16: The people of provinces, autonomous regions, or municipalities directly under the Central Government that have been authorized by *** may decide on an administrative organ to exercise the administrative punishment power of the relevant administrative organ, but the administrative punishment power to restrict personal liberty can only be exercised by the public security organs.
Article 18: In accordance with the provisions of laws, regulations, or rules, administrative organs may, within the scope of their legally-prescribed authority, entrust organizations that meet the requirements of article 19 of this Law to carry out administrative punishments. Administrative organs must not entrust other organizations or individuals to carry out administrative punishments. Entrusting an administrative organ to carry out an administrative punishment shall be responsible for oversight of the entrusted organization's conduct and bear legal responsibility for the consequences of that conduct.
Within the scope of the entrustment, the entrusted organization is to carry out administrative punishments in the name of the entrusting administrative organ; No other organization or individual must be entrusted to carry out administrative punishments.
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Legal Analysis: Law enforcement agencies are divided into: judicial law enforcement and administrative law enforcement.
Judicial law enforcement organs: people's courts, people's procuratorates. Administrative Law Enforcement Agencies:
Public security system, industrial and commercial system, taxation system (including national and local taxation), technical supervision bureau, health bureau, tobacco monopoly bureau, land bureau, real estate management bureau, etc.
Legal basis: "Constitution of the People's Republic of China" Article 107 The local people at or above the county level shall, in accordance with the authority prescribed by law, manage the economic, educational, scientific, cultural, health, sports, urban and rural construction undertakings, as well as the administrative work of finance, civil affairs, public security, ethnic affairs, judicial administration, family planning, and other administrative work within their respective administrative regions, issue decisions and orders, and appoint, dismiss, train, evaluate, reward and punish administrative staff.
The people of townships, ethnic townships, and towns shall implement the resolutions of the people's congresses at the corresponding levels and the decisions and orders of the state administrative organs at higher levels, and manage the administrative work within their respective administrative areas.
The people of provinces and municipalities directly under the Central Government decide on the establishment and regional division of townships, ethnic townships, and towns.
Civil Procedure Law of the People's Republic of China》 Article 224:The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property subject to enforcement is located. Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.
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Legal Analysis: Law enforcement agencies are divided into: judicial law enforcement departments and administrative law enforcement departments.
Judicial law enforcement agencies include courts, procuratorates and relevant functional departments; Administrative law enforcement agencies include the public security system, the industrial and commercial system, the taxation system (including national and local taxation), the Technical Supervision Bureau, the Health Bureau, the Tobacco Monopoly Bureau, the Land Bureau, the Real Estate Management Bureau, etc.
Legal basis: Article 5 of the "Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs" Administrative law enforcement organs shall immediately designate 2 or more administrative law enforcement personnel to form a special case group to be responsible for the suspected criminal cases that shall be transferred to the public security organs, and submit a written report on the transfer of the suspected criminal cases after verifying the situation, and report it to the person in charge of the organ who is responsible for taking the Peizi or presiding over the work for approval. The principal responsible person of the administrative law enforcement organ or the person in charge of the work shall be from the date of receipt of the report.
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China's law enforcement agencies include the people's courts, people's procuratorates, public security systems, industrial and commercial systems, taxation systems, technical supervision bureaus, health bureaus, tobacco monopoly bureaus, land bureaus, real estate management bureaus, etc. In China, law enforcement agencies include public security organs, procuratorial organs, courts, as well as industrial and commercial organs, taxation authorities, customs and other administrative law enforcement agencies.
Judicial law enforcement organs: people's courts, people's procuratorates.
Administrative law enforcement agencies: public security system, industrial and commercial system, taxation system (including national and local taxation), technical supervision bureau, health bureau with Xun jujube, tobacco Changdai Monopoly Bureau, land bureau, real estate management bureau, etc.
Law enforcement: also known as law enforcement, refers to the activities of state administrative organs in exercising administrative powers, performing duties, and implementing and enforcing laws in accordance with statutory powers and legal procedures.
Administrative law enforcement refers to the administrative acts in which the statutory state administrative organs and organizations authorized by laws and regulations implement administrative laws and norms in accordance with legal procedures in the process of implementing the functions of state public administration, so as to achieve the purpose of safeguarding public interests and serving the society.
Administrative law enforcement system: The administrative compulsory enforcement system is an indispensable system in the administrative management activities of the state, which plays a very important role in ensuring the smooth implementation of laws and regulations, the effective operation of administrative power and even the maintenance of social order and public interests.
Since administrative compulsory enforcement is mainly characterized by coercion, whether the system is set up reasonably and necessary, and whether it is properly operated is also directly related to the basic rights of citizens and legal persons.
Administrative law enforcement has the following characteristics: the legality and national representativeness of the law enforcement subject, and the initiative and unilateral intention of law enforcement.
Judicial: Also known as the application of law, it usually refers to the special activities of national judicial organs and their judicial personnel in accordance with statutory powers and legal procedures to specifically use the law to handle cases. Justice is a way of implementing the law, which is of great significance to the realization of the legislative purpose and the function of the law.
In the capitalist countries of the West, due to"Separation of powers"There are strict boundaries and distinctions between the judiciary and the executive and the legislative.
Legal basis: Article 37 of the Constitution of the People's Republic of China provides that the personal freedom of citizens of the People's Republic of China shall not be violated. No citizen shall be arrested without the approval or decision of the people's procuratorate or the decision of the people's court, and is enforced by the public security organs.
It is forbidden to illegally detain or otherwise unlawfully deprive or restrict a citizen's personal liberty, and to illegally search a citizen's body.
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According to the Administrative Punishment Law and relevant provisions, after the administrative penalty decision is delivered to the penalized person, there shall be a time limit for the execution or implementation of the punishment, and from the date of the expiration of the period, the administrative organ shall apply to the people's court for compulsory enforcement, or the enforcement organ with the power of enforcement shall enforce it itself or apply to the people's court for compulsory enforcement. Therefore, the concept of more than 180 days is vague and it is not certain whether there is still a right to enforce or to apply for enforcement.