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1. Administrative acts.
It is an act done 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.
In principle, administrative acts take legal effect from the date of notification, but they take legal effect from the date provided for in the supplementary provisions. A rule that is in force at the time of receipt and a rule that is in effect immediately cannot be established. The time of occurrence of the public, certain, binding force and administrative power of an administrative act is generally the time of notification.
This is the administrative law of each country.
of common practice.
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The first is to strengthen the transformation of the best functions; the second is to adhere to the administration according to law and standardize administrative law enforcement behavior; the third is to further promote information disclosure and comprehensively improve the credibility of the public; Fourth, vigorously streamline meetings and documents, and earnestly change the work style of the organs; Fifth, it is necessary to do a good job in system building and conscientiously standardize administrative behavior.
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Administrative organs refer to organs that exercise state power and perform state administrative functions in accordance with law.
Broadly speaking, administrative organs are the general term of first-level organs, that is, the first-class organs and their working departments that implement state laws and engage in the management of state affairs, internal affairs and social and public affairs in the organization of state power.
In a narrow sense, the administrative organ only refers to the comprehensive office within the first organ, that is, the general office (office), which is an institution that handles various affairs under the direct leadership of the chief executive and assists in overall management.
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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Legal analysis: according to the scope of jurisdiction, administrative organs are divided into ** administrative organs and local administrative organs; Local administrative organs can be divided into several levels. From top to bottom, China is divided into five levels: provinces, cities, counties, and townships, and various functional institutions are also set up at all levels.
It is the executive organ of the highest organ of state power, the highest state administrative organ, and leads the work of administrative organs at all levels across the country in a unified manner.
Legal basis: Constitution of the People's Republic of China
Article 3: The State organs of the People's Republic of China practice the principle of democratic centralism.
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.
Article 85: The People's Republic of China, i.e., the people, is the executive organ of the highest organ of state power and the highest state administrative organ.
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China's administrative organs include the first ministry and the first directly subordinate institutions.
Local administrative organs at all levels. The People's Republic of China, i.e., the people, is the highest organ of state power.
The executive organ is the highest state administrative organ. Local people at all levels**.
It is the executive organ of the local state power organs at all levels, and the local state administrative organs at all levels. Local people at all levels are responsible for and report to the state administrative organs at the first level. The local people at all levels across the country are all state administrative organs under the unified leadership of the country, and they are all subordinate.
Constitution of the People's Republic of China
Article 89.
Exercising the following functions and powers:
1) In accordance with the Constitution and laws, stipulate administrative measures and formulate administrative regulations.
issuing decisions and orders;
2) To the National People's Congress.
or the Standing Committee of the National People's Congress submits a bill;
3) To define the tasks and responsibilities of the ministries and commissions, to provide unified leadership for the work of the ministries and commissions, and to lead the administrative work of a national nature that is not part of the ministries and commissions;
4) To lead the work of local state administrative organs at all levels throughout the country in a unified manner, and to stipulate the specific division of functions and powers between the state administrative organs of provinces, autonomous regions and municipalities directly under the Central Government;
5) To prepare and implement the national economic and social development plan and the state budget;
6) To lead and manage economic work and the construction of urban and rural and ecological civilizations;
7) To lead and manage education, science, culture, health, physical education and family planning;
8) Leading and managing civil affairs, public security, judicial administration, and other such work;
9) To administer foreign affairs and conclude treaties and agreements with foreign countries;
10) To lead and manage the cause of national defense construction;
11) To lead and administer ethnic affairs and protect ethnic minorities.
the right to equality and the right to self-government of the Ethnic Autonomous Areas;
12) To protect the legitimate rights and interests of overseas Chinese, and to protect the legitimate rights and interests of returned overseas Chinese and their relatives;
13) To change or revoke inappropriate orders, directives and regulations issued by ministries and commissions;
14) To change or revoke inappropriate decisions and orders of local state administrative organs at all levels;
15) To approve the regional division of provinces, autonomous regions and municipalities directly under the Central Government, and to approve the establishment and regional division of autonomous prefectures, counties, autonomous counties and cities;
16) In accordance with the provisions of law, decide to enter a state of emergency in some areas within the scope of provinces, autonomous regions, and municipalities directly under the Central Government.
17) to examine and approve the establishment of administrative organs, in accordance with the provisions of the law to appoint and remove, train, evaluate and reward and punish administrative personnel;
18) Other functions and powers conferred by the National People's Congress and the Standing Committee of the National People's Congress.
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The main contents of the administration of the organs are as follows:
1. Management of daily work procedures of the organs.
2. Conference management.
3. Official document and archives management, including the management of the archives of the local model Qingminguan and the archives of subordinate institutions.
4. Administrative fund management. Specific activities include the development of financial plans; Organize income, manage expenses; Conduct analysis of financial activities and financial oversight.
5. General affairs and logistics management of organs. The basic requirement is to rationally organize and arrange financial and material resources and provide necessary and sufficient material support and daily life services for the work of the organs. In the management of the general affairs and logistics of organs, it is necessary to persist in being service-oriented, emphasizing economy, and paying attention to standardization, and realize the socialization of logistics services as soon as possible, that is, the commercialization and marketization of the general affairs and logistics services of organs.
Miscellaneous
Organ administration refers to the management of the daily affairs, rules and regulations and work order of the organ by the comprehensive office established within the ** at all levels and its functional departments.
The characteristics of organ administration: transactional, comprehensive, and timely.
The basic task of organ management: to create conditions, lay the foundation and provide guarantee for the efficient functioning of organs through the implementation of effective planning, organization, supervision, control and coordination of the constituent elements of organ activities and their circulation process.
The responsibilities of the administrative organs: participate in government affairs, handle affairs, and do a good job in service.
The role of organ administration: the role of initiation, the role of the hub, the role of guarantee, the role of efficiency, the role of linkage.
The principles of organ administration: the principle of service, the principle of frugality, the principle of clearing and correcting, the principle of efficiency, and the principle of contact.
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Participate in government affairs, manage affairs, and do a good job in service.
Organ administration: It refers to the management of its own affairs by the comprehensive office on the daily affairs, rules and regulations and work order of the organ.
The status of the administrative organs: the status of the center, the status of the hub, and the status of the window.
The principles of organ administration: the principle of service, the principle of frugality, the principle of integrity, the principle of efficiency, and the principle of contact.
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The administrative duties of organs can be summarized into three aspects: participating in government affairs, handling affairs, and providing good services.
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Participate in government affairs, handle affairs, and do a good job in service.
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. >>>More
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It is mainly the courts that have the power to enforce; The public security organs, tax authorities and customs have a certain limit of enforcement power. There is also a certain right of enforcement, such as the public security organs and the local taxation department, the industrial and commercial department, the quality department, and the health department all enforce specific mandatory rights on behalf of the government.