-
Studying theories well is the basis for studying administrative law well, grasp the key legal provisions, focus on grasping the "Administrative Litigation Law", "Administrative Reconsideration Law", and "State Compensation Law", listen carefully to lectures, and take good notes. Here are some of my experiences and I hope it can help you....
-
I don't know if the landlord is reviewing the administrative law of the division examination or the postgraduate entrance examination, there is a big gap between the two! The examination focuses too much on the micro, while the postgraduate examination grasps the spirit, inner and framework. The following are the approximate steps for my summary of the graduate exam this year, just for reference:
Step 1: Comprehensively grasp the textbook and master the framework of the textbook. Read the textbook carefully and carefully, not seeking to memorize, but not letting go of any knowledge points, including the notes in the footer and the practice questions at the end of each section.
Step 2: Take notes on the basis of mastering the framework of the answer [all content notes (note 1)].
Step 3: Look at the notes while doing the past questions, and list all the test knowledge points of the past questions each year and classify them by choice, name solution, short answer or analysis. When the past questions are completed, the test points of each part are also clear at a glance.
Step 4: Take thematic notes (Note 2) on the key points listed to strengthen your memory.
Step 5: Recall each part of the content, turn the book at a speed that you can't remember, and strengthen your memory.
One point of emphasis: books must be read solidly, notes must be taken well, and what should be memorized must be written down accurately!
I took the administrative law exam, and the exam was more focused, so I pursued two words: solid. It doesn't know what type of exam you're taking, it all depends on the situation. The second part can be omitted or simply made as a tree-like frame note.
-
Legal Analysis: The differences between administrative law and administrative litigation law are: 1. Different in nature
Administrative law is a substantive law, whereas administrative litigation law is a procedural law. 2. The applicable subjects are different: the Administrative Litigation Law is mainly the procedural basis for the court to hear administrative cases; Administrative law, on the other hand, is mainly the substantive basis for administrative organs to exercise administrative power and carry out official acts.
3. The stages of application are different: the Administrative Litigation Law is the procedural law applicable when hearing administrative cases, and is therefore a post-event relief procedure; Administrative law is the basis for the making of administrative acts; It is in the whole process of administrative acts.
Legal basis: Administrative Litigation Law of the People's Republic of China
Article 1: This Law is formulated on the basis of the Constitution so as to ensure that the people's courts hear administrative cases fairly and promptly, to resolve administrative disputes, to protect the lawful rights and interests of citizens, legal persons, and other organizations, and to supervise the lawful exercise of authority by administrative organs.
"Administrative acts" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.
-
The Administrative Litigation Law and the Administrative Substantive Law are procedural laws that regulate administrative litigation acts and adjust the relationship between administrative litigation and litigation. The administrative entity law is a legal norm that stipulates the rights and obligations of the administrative organ and the entity of the opposite party. Therefore, the content and scope of the provisions are different.
However, there is also a certain connection between the Administrative Litigation Law and the Administrative Substantive Law. The Administrative Litigation Law is an important means to ensure the correct implementation of the substantive law.
Article 1 This Law is formulated in accordance with the Constitution in order to regulate the establishment and implementation of administrative punishments, to ensure and supervise the effective implementation of administrative management by administrative organs, to safeguard public interests and social order, and to protect the lawful rights and interests of citizens, legal persons, or other organizations.
-
IV. The Relationship between the Administrative Litigation Law and the Administrative Law (1) The Administrative Litigation Law and the Administrative Substantive Law The Administrative Litigation Law is the Xiangzhen Procedural Law that regulates administrative litigation acts and adjusts the relationship between administrative litigation.
-
1. Different in nature: Administrative law is a substantive law, while administrative litigation law is a procedural law.
2. The applicable subjects are different: the Administrative Litigation Law is mainly the procedural basis for the courts to hear administrative cases, while the Administrative Law is mainly the substantive basis for administrative organs to exercise administrative power and carry out official acts.
3. The stages of application are different: the Administrative Litigation Law is the procedural law applicable when hearing administrative cases, and is therefore a post-event relief procedure; Administrative law, on the other hand, is about the basis on which administrative acts are made; It covers the whole process of administrative acts, including not only ex post relief procedures, but also ex ante and ex ante procedures.
Understanding of Administrative Law and Administrative Litigation Law.
Administrative law is a substantive law and is a matter of providing for the permission of the administrative organs. The Administrative Litigation Law is a procedural law, which stipulates the procedures that administrative organs must do when administering according to law, and although the content and scope of the two provisions are different, the Administrative Litigation Law and the Administrative Substantive Law also have a certain connection. The Administrative Litigation Law is an important means to ensure the correct implementation of the substantive law, and both are indispensable.
Administrative Law Implications.
Administrative law refers to the general term of the legal norms of various relationships between administrative subjects and administrative counterparts and administrative legal supervision subjects in the process of exercising administrative functions and powers and accepting administrative legal supervision, as well as various relationships within administrative subjects.
Administrative Litigation Law Implications.
The Administrative Litigation Law is a law enacted to ensure that the people's courts hear administrative cases fairly and in a timely manner, resolve administrative disputes, protect the legitimate rights and interests of citizens, legal persons and other organizations, and supervise the lawful exercise of functions and powers by administrative organs.
The difference between administrative law and administrative litigation law.
The difference between administrative law and administrative litigation law is that administrative litigation law is a lawsuit filed by an individual, legal person or other organization to the court because he believes that an administrative act taken by a state organ infringes upon his legitimate rights and interests. The Administrative Litigation Law is the norm that the court must comply with in hearing administrative cases and the litigation activities of participants in administrative litigation (plaintiffs, defendants, ** persons, etc.). It stipulates the legal norms for the court's procedures for hearing administrative cases and the various legal norms for the exercise of rights and obligations by participants in administrative litigation, which is the basis for which the modern state has established an administrative litigation system[Legal basis].
The relationship between administrative law and administrative litigation law.
1. Administrative law is the general name of the legal norms of various relationships between administrative subjects and administrative counterparts and administrative legal supervision subjects in the process of exercising administrative functions and powers and accepting administrative legal supervision, as well as various relationships within administrative subjects.
2. The Administrative Litigation Law is a lawsuit filed by an individual, legal person or other organization to the court because he believes that an administrative act taken by a state organ infringes upon his or her legitimate rights and interests. The Administrative Litigation Law is the norm that must be followed by the trial of administrative cases and the litigation activities of the participants in the administrative litigation (plaintiffs, defendants, ** persons, etc.).
[Legal basis].
Administrative Litigation Law
Article 1. This law is formulated on the basis of the Constitution, so as to ensure that the people's courts hear administrative cases fairly and in a timely manner, to resolve administrative disputes, to protect the lawful rights and interests of citizens, legal persons, and other organizations, and to supervise the lawful exercise of functions and powers by administrative organs.
Legal Analysis: The Administrative Litigation Law is formulated in accordance with the Constitution to ensure that the people's courts hear administrative cases fairly and in a timely manner, resolve administrative disputes, protect the legitimate rights and interests of citizens, legal persons and other organizations, and supervise the exercise of authority by administrative organs in accordance with the law. >>>More
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. >>>More
This case is not within the scope of adjustment ...... the Administrative Litigation Law >>>More
1. Administrative Litigation Law, Article 66:
1) Where a people's court finds that the person in charge or directly responsible personnel of an administrative organ has violated law or discipline during the trial of an administrative case, it shall transfer the relevant materials to the supervision organ, the administrative organ, or the administrative organ at the level above it; Where it is found that there has been criminal conduct, the relevant materials shall be transferred to the public security or procuratorate organs. >>>More
Paragraph 3 of article 3 of the new Administrative Litigation Law stipulates that the responsible person of an administrative organ shall appear in court to respond to the lawsuit, and where it is unable to respond to the lawsuit due to special circumstances, the corresponding staff shall also be appointed to appear in court to respond to the lawsuit. The person in charge here refers to the principal position and the deputy position, and the essence of the assignment here should be issued with a written power of attorney, that is, there shall be no situation where there is only a ** lawyer in the future administrative litigation. >>>More