There are 10 cases of administrative violations, including 10 examples of administrative violations

Administrative violations refer to acts that violate administrative laws and norms and should be subject to administrative sanctions and administrative punishments. 1. Drug abuse (violation of the Public Security Administration Punishment Law) 2, illegal construction of buildings 3, tax evasion 4, evasion of tax recovery 5, tax resistance 6, administrative entities exceeding their authority to exercise administrative power 7, Duan Yuan's administrative acts have no legal basis 8, administrative reconciliation behavior lacks factual basis 9, administrative acts are made beyond the statute of limitations10 The right of relevant persons to participate is not guaranteed in the making of administrative acts. According to Article 2 of the "Administrative Punishment Law", administrative punishment refers to the administrative organ's punishment of citizens, legal persons or other organizations that violate the order of administrative management in accordance with the law by reducing rights and interests or increasing obligations.

Typical examples are general public security penalties and road traffic violations. For example, disturbing public order, lying about the epidemic, gangs fighting, or overloading, driving in the wrong direction, covering license plates, etc., are all cases of administrative violations.

Article 26 of the Public Security Administration Punishment Law: Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB

1) Gang fighting;

2) Chasing or intercepting others;

3) Forcibly taking or arbitrarily destroying or occupying public or private property;

4) Other acts of picking quarrels and provoking trouble. Posture.

There are 10 examples of administrative violations, as follows:

1. Drug abuse; 2. Illegal construction of buildings;

3. Tax evasion; 4. Evading tax recovery;

5. Anti-chaos celebration of taxes;

6. The administrative entity exercises administrative power beyond its authority;

7. There is no hidden behavior of administrative pantsLegal basis

8. The administrative act lacks factual basis;

9. The administrative act has exceeded the statute of limitations;

10. The right of participation of relevant persons is not guaranteed when administrative acts are taken.

Characteristics of administrative offenses:

1. An administrative violation is an offense committed by an administrative entity. Unlike civil and criminal offenses, administrative offenses are administrative offenses committed by administrative subjects in administrative law. Any organization or individual can only constitute an administrative violation if they appear as an administrative subject or in the name of an administrative subject;

2. An administrative violation is an act that violates the norms of administrative law and has not yet constituted a crime. First of all, administrative violations are illegal, they violate administrative laws and regulations, infringe on administrative relations protected by administrative law, and thus have a certain degree of social harm; Second, administrative violations are general violations in nature, and their social harm is relatively small, and they have not yet reached the level of crimes;

3. Administrative violation is an act that must bear administrative responsibility for the Hu Escort Department in accordance with the law. An administrative violation is an act that violates the norms of administrative law and shall bear administrative responsibility in accordance with the provisions of the law.

Legal basisArticle 2 of the Administrative Punishment Law of the People's Republic of China.

Administrative punishment refers to the conduct of administrative organs to punish citizens, legal persons, or other organizations that violate the order of administrative management in a manner that reduces rights and interests or increases obligations.

Common administrative violations: 1. The administrative subject exercises administrative power beyond its authority 2. The legal basis of the administrative act department 3. The administrative act lacks factual basis 4. The administrative act exceeds the statute of limitations 5. The right of relevant persons to participate is not guaranteed before the administrative act is made.

Legal basis: Article 70 of the "Administrative Litigation Law" In any of the following circumstances, the people's court shall make a judgment to revoke or partially revoke an administrative act, and may make a judgment that the defendant shall make a new administrative act:

1) The primary evidence is insufficient;

2) Applying laws or regulations in error;

3) Violation of legally-prescribed procedures;

4) Exceeding authority;

5) Abuse of authority;

6) Clearly improper.

1. What are the administrative violations?

1. Administrative violations include:

1) The actor has major and obvious violations of the law;

2) There are major and obvious violations of the content of the administrative act;

3) There are major and obvious violations of the law or extremely improper procedures in the administrative act, and the minimum procedural provisions are violated;

4) There are major and obvious defects in the form of the administrative act.

2. Legal basis: Article 75 of the Administrative Litigation Law of the People's Republic of China.

Judgment confirming invalidity] Where there are major and obvious illegal circumstances such as the implementing entity not having the qualifications of an administrative entity or having no basis, and the plaintiff applies for confirmation that the administrative act is invalid, the people's court shall make a judgment confirming that the administrative act is invalid.

Article 3. [Responsible persons of administrative organs appear in court to respond to litigation] People's courts shall protect citizens, legal persons, and other organizations' right 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.

2. What are the characteristics of illegal administrative acts?

1. The subject of the administrative violation must be the subject of the administrative legal relationship, not the subject of the administrative legal relationship, and it is impossible to constitute an administrative violation;

2. Administrative violations violate administrative legal norms and infringe on administrative relations protected by law;

3. The administrative violation has caused a certain degree of damage to society, but has not yet constituted a crime;

4. Administrative violations shall be subject to administrative responsibility in accordance with law.

Conduct in which the subject of an administrative-legal relationship violates administrative law norms, infringes upon an administrative relationship protected by law, and causes a certain degree of harm to society but does not yet constitute a crime, and shall bear administrative responsibility in accordance with law.

Legal analysis: Administrative punishment refers to the specific administrative act of an administrative entity in accordance with its statutory authority and procedures to give administrative sanctions to the counterpart who violates the norms of administrative law and has not yet constituted a crime. The characteristics of administrative penalties are:

The subject of administrative punishment is the administrative organ as the administrative subject and the organization authorized by laws and regulations; The targets of administrative punishments are citizens, legal persons, or other organizations that have committed acts that violate administrative laws and norms; The nature of administrative punishment is a specific administrative act with sanctions for the purpose of punishing violations.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 37: The implementation of administrative punishments shall apply the provisions of laws, regulations, and rules at the time of the occurrence of the violation. However, where laws, regulations, or rules have already been amended or repealed at the time of making an administrative punishment decision, and the punishment of the new provisions is relatively light or is not considered to be illegal, the new provisions apply.