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The main content of the administrative act:
1. Conferring rights and depriving rights and interests;
2. Obligations and exemptions;
3. Confirm the legal facts and legal status.
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1. An administrative act is an act made by an administrative subject. This is the main element of an administrative act.
2. An administrative act is an act in which an administrative entity exercises administrative powers and performs administrative duties. This is the element of authority and responsibility of administrative acts.
3. Administrative acts are acts of legal significance. This is the legal element of an administrative act as a legal concept.
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Legal Analysis: The administrative acts are as follows: 1. Administrative expropriation:
Administrative expropriation refers to the specific administrative acts of administrative organs in accordance with the provisions of the law to obtain the corresponding people's property without compensation or on compulsion. 2. Administrative requisition: refers to the specific administrative act of an administrative entity to forcibly expropriate the property or labor services of the counterpart in accordance with legal procedures for the needs of the public interest, and to give appropriate compensation to the counterpart.
3. Administrative payment: also known as administrative material assistance, refers to the specific administrative acts of administrative organs in providing material benefits or rights and interests related to material interests to specific counterparts in accordance with the law, such as the issuance of pensions, social insurance funds, and minimum living allowances in accordance with the banquet code law. 4. Administrative Awards:
In accordance with the statutory conditions and procedures, the administrative entity shall give material or spiritual encouragement to citizens, legal persons or other organizations that have made significant contributions to the state and society, such as national science and technology awards.
Legal basis: Administrative Litigation Law of the People's Republic of China
Article 2: Citizens, legal persons, or other organizations that believe that the administrative acts of administrative organs and their staff infringe upon their lawful rights and interests have the right to initiate litigation in the people's courts in accordance with this Law. "Administrative acts" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.
Article 3: People's courts shall safeguard citizens, legal persons, and other organizations' right to sue, and accept old political 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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The main content of the administrative act:
1. Conferring rights and depriving rights and interests;
2. Obligations and exemptions;
3. Confirm the legal facts and legal status.
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The content of the administrative act is as follows:
The content of administrative acts is mainly tolerated and deprived of rights; Deprivation or restriction of rights and interests refers to the deprivation or restriction of the administrative counterpart's existing relevant legal powers, rights or interests; Obligation and exemption from obligation.
Confirmation of legal facts and legal status refers to the administrative entity's confirmation of the existence of facts that have a significant impact on a legal relationship in accordance with the law, and the results of the confirmation will play an important role in the allocation of legal responsibility.
In principle, administrative acts take legal effect from the time of notification, but take effect from the time of provision when there are provisions in the supplementary paragraph. The rules that come into force at the time of receipt and which take effect immediately cannot be established. The public force, certainty, and binding force of an administrative act refer to the time when prudence and enforcement occur, and generally refers to the time of notification.
This is a common practice in the administrative law of various countries.
Administrative acts are the object of the legal relationship of administrative management, that is, the object to which the rights and obligations of both parties are directed. The parties form a legal relationship around the administrative act. The administrative entity has the right to carry out Sun Jing's administrative acts in accordance with the law, and the administrative counterpart has the obligation to obey.
Features:
1. An administrative act is an act of enforcing the law, and any administrative act must have a legal basis and be subordinate to the law, and the administrative subject shall not make any administrative act without the express provisions or authorization of the law.
2. Administrative acts have a certain degree of discretion, which is determined by the limitations of legislative technology itself and the extensiveness, variability and adaptability of administrative management.
3. The administrative entity has a unilateral will when carrying out an administrative act, and can make it independently in accordance with the law without negotiating with the administrative counterpart or seeking its consent.
4. Administrative acts are guaranteed to be carried out with the coercive power of the state, and if they are mandatory, the administrative counterpart must obey and cooperate with the administrative acts.
5. Administrative acts shall be free of charge, with the exception of compensation.
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Answer]: a, c, cavity d, e
Specific administrative acts are characterized by the specificity and concretization of the object of the act. Its content only concerns the rights and interests of a certain person or organization. Specific administrative acts are generally encapsulated
Administrative licensing and confirmation, administrative reward and payment, administrative expropriation, administrative punishment, administrative compulsion, administrative supervision, administrative adjudication, etc.
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1. The subject of the administrative act is legitimate.
The so-called legitimacy of the subject means that the organization that makes the administrative act must have an administrative subject. >>>More
The key is to see if their actions are closely linked to their duties. The conduct of administrative organs and their staff members in the exercise of their powers is called an act of duty, which is what you call an act of an organ. >>>More
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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