What is the difference between construction administrative law and construction civil law

Administrative juristic acts are referred to as administrative acts, which are commensurate with civil juristic acts. It refers to the act of exercising administrative power to produce legal effects to achieve the purpose of state administration. It consists of three elements:

Host features. An administrative act is an act carried out by an administrative subject; Elements of power. The administrative act must be an act made in the exercise of administrative power; Legal elements.

An administrative act must be an act that produces legal effects, that is, it can form a relationship of rights and obligations in administrative law. Administrative factual acts refer to acts carried out by administrative entities based on their authority that cannot create, change, or terminate administrative-legal relationships. It has the following characteristics:

First, administrative factual acts are manifested as an objective state. For example, in the process of forcibly demolishing illegal buildings, the law enforcement personnel of administrative organs damage the lawful property in the building, which is an administrative factual act, and the consequences of the act are actual and cannot be restored to the state before the act, and this kind of act cannot be revoked or changed by the competent organ like a specific administrative act, and there is no problem of taking effect. Second, an administrative factual act is an act related to the exercise of administrative powers.

Administrative factual acts occur in the course of exercising administrative powers and are related to the exercise of administrative powers, and the law stipulates that the consequences of such acts shall be borne by the administrative organs. Third, administrative factual acts cannot exist independently. An administrative factual act can only exist in dependence on other administrative acts, and is a factual act carried out by an administrative organ and its staff when exercising administrative powers.

Fourth, administrative factual acts involve the rights and interests of citizens, legal persons, or other organizations. Administrative factual acts will have a de facto and actual impact on the rights and obligations of the counterpart, and the impact occurs as a result of the action of external forces. For example, the impact of administrative guidance on the administrative counterpart occurs through the acceptance of the administrative guidance by the administrative counterpart.

Administrative: The law is mainly to investigate the responsibility of administrative leaders, and civil laws are accompanied by economic compensation liability in addition to the responsibility of leaders.

No, the 2021 Civil Code does not cover construction law. Because the civil code is a civil law, while the construction law tends to be more of an administrative law. Construction Law generally refers to the Construction Law of the People's Republic of China.

Adopted at the 28th meeting of the Standing Committee of the 8th National People's Congress on November 1, 1997, amended for the first time in accordance with the Decision on Amending the Construction Law of the People's Republic of China at the 20th meeting of the Standing Committee of the 11th National People's Congress on April 22, 2011, and in accordance with the Decision on Amending the Construction Law of the People's Republic of China and Other Eight Laws at the 10th Meeting of the Standing Committee of the 13th National People's Congress on April 23, 2019 Second amendment.

Construction Law of the People's Republic of China

Article 1 In order to strengthen the supervision and management of construction activities, maintain the order of the construction market, ensure the quality and safety of construction projects, and promote the healthy development of the construction industry, this law is formulated.

Article 2 Engaging in construction activities within the territory of the People's Republic of China and implementing the supervision and management of construction activities shall comply with this Law.

The term "construction activities" as used in this Law refers to the construction of all kinds of housing buildings and their ancillary facilities and the installation of lines, pipelines and equipment supporting them.

Article 3 Construction activities shall ensure the quality and safety of construction projects, and comply with national construction safety standards.

Article 4 The State supports the development of the construction industry, supports the research of building science and technology, improves the level of housing architectural design, encourages energy conservation and environmental protection, and advocates the use of advanced technology, advanced equipment, advanced technology, new building materials and modern management methods.

Legal Analysis: Construction Law is not included in the Civil Code. The Civil Code is a law that protects the legitimate rights and interests of civil subjects and adjusts civil relations, and the Construction Law is a regulation used to strengthen the supervision and management of construction activities, maintain the order of the construction market, and ensure the quality and safety of construction projects.

Legal basis: "Civil Code of the People's Republic of China" Article 1 [Legislative Purpose] This Law is formulated on the basis of the Constitution so as to protect the lawful rights and interests of civil subjects, adjust civil relations, preserve social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and carry forward the Core Socialist Values.

Article 1260 of the Civil Code of the People's Republic of China [Effective Date and Repeal of Old Law] This Law shall take effect on January 1, 2021. The Marriage Law of the People's Republic of China, the Inheritance Law of the People's Republic of China, the General Principles of the Civil Law of the People's Republic of China, the Adoption Law of the People's Republic of China, the Guarantee Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Property Law of the People's Republic of China, the Tort Liability Law of the People's Republic of China, and the General Provisions of the Civil Law of the People's Republic of China shall be repealed at the same time.

Article 1 of the Construction Law of the People's Republic of China is formulated in order to strengthen the supervision and management of construction activities, maintain the order of the construction market, ensure the quality and safety of construction projects, and promote the healthy development of the construction industry.

Legal Analysis: The Construction Law is within the scope of administrative regulations. Strictly by the definition of the law, construction law is administrative law, not economic law.

Administrative law refers to the general term of the legal norms of various relationships between administrative subjects and administrative counterparts and administrative legal supervision subjects in the process of exercising administrative functions and powers and accepting administrative legal supervision, as well as various relationships within administrative subjects.

Legal basis: "Construction Law of the People's Republic of China" Article 1 In order to strengthen the supervision and management of construction activities, maintain the order of the construction market, ensure the quality and safety of construction projects, and promote the healthy development of the construction industry, this law is formulated.