Characteristics of administrative processing decisions, what are the administrative processing decis

First, the subject of administrative processing is the administrative subject;

second, the object of administrative processing is specific;

Third, the content of administrative processing directly affects the rights and obligations of specific counterparties, and administrative processing is a specific administrative act;

Fourth, administrative handling generally goes through strict legal procedures;

Fifth, the administrative treatment is remedy;

Sixth, the forms of administrative processing are extensive and diverse.

The answer to that one is wrong, and it's obviously not the answer asked, it's just a formality. That's right!

First, the subject of administrative processing is the administrative subject;

second, the object of administrative processing is specific;

Third, the content of administrative processing directly affects the rights and obligations of specific counterparties, and administrative processing is a specific administrative act;

Fourth, administrative handling generally goes through strict legal procedures;

Fifth, the administrative treatment is remedy;

Sixth, the forms of administrative processing are extensive and diverse.

a) Warning; b) fines;

3) Confiscation of unlawful gains and confiscation of illegal property;

4) Order the suspension of production and business;

5) Temporarily withholding or revoking permits, or suspending or revoking licenses;

6) Administrative detention;

7) Other administrative punishments provided for by laws and administrative regulations.

Legal Analysis: The sanction decision shall include the following content:

1) Basic information such as the name, position, level, and work unit of the person being sanctioned;

2) Facts of violations of law or discipline that have been verified;

3) The type and basis of the sanction;

4) The channels and time limits for appeals against dissatisfaction with sanction decisions;

5) The name and seal of the organ making the sanction decision, and the date on which the decision was made.

In addition to the content provided for in items (1), (2), and (5) of the preceding paragraph, the decision to lift a sanction shall also include the type of original sanction and the basis for lifting the sanction, as well as the performance of the civil servants of the administrative organ receiving the sanction during the period of the sanction.

Legal basis: "Regulations on the Punishment of Civil Servants of Administrative Organs" Article 45: Decisions on sanctions shall include the following content:

1) Basic information such as the name, position, level, and work unit of the person being sanctioned;

2) Facts of violations of law or discipline that have been verified;

3) The type and basis of the sanction;

4) The channels and time limits for appeals against dissatisfaction with sanction decisions;

5) The name and seal of the organ making the sanction decision, and the date on which the decision was made.

In addition to the content provided for in items (1), (2) and (5) of the previous paragraph, the decision to lift the sanction shall also include the type of original sanction and the basis for the dismissal, as well as the performance of the civil servants of the administrative organ receiving the sanction during the period of the sanction.

Legal Analysis: Administrative processing decisions include:

1. Basic information such as the name, position, level, and work unit of the person being punished;

2. Verified facts of violations of law and discipline;

3. The type and basis of the sanction;

4. The channels and time limits for appeals against the punishment decision;

5. The name, seal and date of the decision of the organ making the sanction.

Administrative handling refers to the specific administrative acts of administrative entities that involve certain rights and obligations of specific administrative counterparts at the application of the administrative counterpart or ex officio in order to achieve the administrative management objectives and tasks determined by the corresponding laws, regulations, and rules. In fact, the expression of statutory law is generally an administrative decision or an administrative decision. Once an administrative act is made, it has the force of public determination, certainty, binding force and enforcement force, and some judgmental administrative acts of prudence and sensitivity also have irrevocable force.

In addition, the administrative disposition act is also incontestable, that is, once the time limit for reconsideration or litigation is exceeded, the administrative disposition cannot be disputed.

Legal basis: Article 45 of the "Regulations on the Sanctions of Civil Servants of Administrative Organs" The sanction decision shall include the following content:

1) Basic information such as the name, position, level, and work unit of the person being sanctioned;

2) Facts of violations of law or discipline that have been verified;

3) The type and basis of the sanction;

4) The channels and time limits for appeals against dissatisfaction with sanction decisions;

5) The name and seal of the organ making the sanction decision, and the date on which the decision was made.

In addition to the content provided for in items (1), (2), and (5) of the preceding paragraph, the decision to lift a sanction shall also include the type of original sanction and the basis for lifting the sanction, as well as the performance of the civil servants of the administrative organ receiving the sanction during the period of receiving the sanction.

Including: the subject of the administrative adjudication is the administrative organ, not one of the parties to the dispute; The administrative organ, which is the subject of administrative adjudication, has the power to adjudicate certain civil disputes only after it is expressly authorized by law. The power of administrative adjudication is not an automatic function of the administrative organ, but depends on whether it is expressly authorized by law.

In summary, administrative adjudication and arbitration are two different ways of processing, and the existing processing institutions are also different, for arbitration in the handling of more comprehensive, mainly for civil disputes, but the common point of the two is that the third party is always in the way of adjudication, so the case will be combined with the actual situation when processing.

Article 61 of the Administrative Litigation Law of the People's Republic of China provides that in administrative litigation involving administrative licensing, registration, expropriation, requisition, and rulings made by administrative organs on civil disputes, where the parties apply to resolve the relevant civil disputes together, the people's courts may hear them together.

In administrative litigation, where the people's court finds that the trial of the administrative case needs to be based on the judgment of the civil litigation, it may rule to suspend the administrative litigation.

1. The subject of administrative adjudication is an administrative organ authorized by law. Administrative adjudication is a specific administrative body authorized by law, not a judicial body. 2. Civil disputes adjudicated by administrative adjudication are related to administrative management.

The occurrence of a civil dispute between the parties that is closely related to administrative management activities is the premise of administrative adjudication. 3. An administrative adjudication is an administrative act applied for in accordance with the spring cavity. After the dispute arises, the parties to the dispute may, in accordance with the provisions of laws and regulations, apply to a specific administrative authority for adjudication within the statutory time limit.

4. Administrative adjudication is a specific administrative act. Administrative organs adjudicating specific civil disputes in accordance with the authorization of laws and regulations are legal conclusions made ex officio in civil disputes that have already occurred.

1) The main body of the administrative Li Dou ruling is a specific administrative body authorized by law.

2) The object of administrative adjudication is specific civil and economic disputes.

3) Administrative rulings are quasi-judicial in form. (4) Administrative rulings are mandatory in effect.

The subject of the administrative adjudication is the administrative organ, not the party to the dispute; The administrative organ, which is the subject of administrative adjudication, has the power to adjudicate certain civil disputes only after it is expressly authorized by law. The power of administrative adjudication is not a natural function of the administrative organ, but it must be determined by the fact that there is no explicit authorization of the law.

Administrative adjudication is a specific administrative organ authorized by the law, not a judicial organ, but not any administrative organ can be the subject of an administrative banquet ruling.