On the criteria for judging the relationship between administrative and law

1. Meaning. The term "administrative-legal relationship" refers to the various rights and obligations that are formed or generated (caused) by administrative activities (rights activities and non-rights activities) that are regulated by administrative law norms. The subject of an administrative-legal relationship refers to the parties who participate in the administrative-legal relationship and enjoy rights and bear obligations.

The object of the administrative-legal relationship refers to the object to which the rights and obligations of the parties in the administrative-legal relationship are directed.

This kind of relationship should include not only the relationship of rights and obligations in administrative law between the administrative subject and the administrative counterpart formed in the course of administrative activities, but also the relationship of rescue or supervision arising from or caused by administrative activities.

Diagram of the characteristics of administrative-legal relations.

2. The concept of administrative-legal relationship can be interpreted and understood from the following aspects:

1.An administrative-legal relationship is a social relationship that is regulated or constrained by law.

2.Administrative-legal relations are all kinds of social relations arising from or arising from administrative activities.

3.The administrative-legal relationship is a relationship of rights and obligations in administrative law.

Elements of the administrative-legal relationship.

"Administrative-legal relationship" refers to the relationship between the rights and obligations of the administrative subject and the administrative counterpart and between the administrative subject that occurs as a result of the implementation of the state's administrative power that has been regulated by administrative law.

Specifically, it includes: the direct management relationship between the administrative subject and the administrative counterpart, the macro-control relationship, the service relationship, the cooperative relationship, the guidance relationship, and the administrative compensation relationship. The relationship between the state legal supervision organs and the administrative counterpart over the administrative entity.

An administrative-legal relationship is different from an administrative relationship. The administrative relationship is the object of the adjustment of the administrative law, and the hail relationship of the administrative law is the result of the adjustment of the administrative law. The Administrative Law does not stipulate or adjust all administrative relations of Yuannianmai, but only regulates the main parts of it.

Therefore, the scope of administrative-legal relations is smaller than that of administrative relations, but the content level is higher.

A brief description of the characteristics of the administrative-legal relationship is as follows:

First, the party to the subject of the administrative-legal relationship must be an administrative organ or a social organization authorized by the law to perform an administrative function on behalf of a certain type of law.

Second, the establishment of administrative-legal relationships is often based on the unilateral acts of administrative organs.

Third, in an administrative-legal relationship, the administrative organ of one of the parties can often directly use the coercive power of the state to compel the other party to perform its obligations or accept sanctions.

Fourth, disputes between subjects of administrative-legal relations are usually resolved through certain administrative procedures.

What is the difference between an administrative litigation legal relationship and an administrative legal relationship?

It is not a concept, the legal relationship of administrative litigation is the relationship between the parties to the administrative litigation in the course of administrative litigation. The administrative-legal relationship is the relationship between the various subjects bound by administrative law.

It's not a concept. Administrative legal relationships include administrative litigation legal relationships.

What are the characteristics of a legal relationship?

It has the following characteristics: it is a volitional relationship, which belongs to the category of superstructure; the relationship between the law and the regulation; It is a relationship with rights and obligations as the content; It is a relationship that is guaranteed to be implemented by the coercive power of the state.

The volitional relationship refers to the will of the state and the will of the actor, and the legal relationship is a relationship formed by reflecting the will of the ruler and the will of the actor, so it does not belong to the category of economic base.

The creation, alteration and extinction of legal relations are premised on the recognition of the law, so legal norms are the prerequisites for the existence and abolition of legal relations.

The law stipulates and regulates people's behavior by defining the rights and obligations of the actors, so that there is no legal relationship without rights and obligations.

It is a relationship that is guaranteed to be implemented by the coercive power of the state. Legal norms are behavioral norms guaranteed by the coercive power of the state, so the relationship formed by this is protected by the strong force of the state.