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The administrative law enforcement responsibility system includes the following basic contents: (1) administrative activities should be in a state of responsibility; (2) The assumption of administrative liability is premised on illegality, impropriety or damage; (3) The fault of administrative law enforcement shall be reasonably attributed and investigated; (4) Administrative remedies shall be provided for infringement and loss.
Therefore, the function of the administrative law enforcement responsibility system is:
1) The law enforcement post responsibility system. That is, by the first adjustment and clear relationship between the administrative law enforcement departments, according to the law to determine the functions and powers of the administrative departments, standardize the main body of administrative law enforcement, determine the main person in charge of the administrative law enforcement department as the first responsible person, and then, step by step decomposition of the implementation of law enforcement responsibilities, to achieve administrative law enforcement procedures, standardization.
B) administrative law enforcement publicity system. That is, to disclose the law, administrative subjects, law enforcement procedures, and work results to the society and administrative management counterparts, accept social supervision, and improve administrative efficiency.
C) administrative law enforcement evaluation and evaluation system. That is, the administrative law enforcement situation will be reviewed by the relevant departments and the masses, and the evaluation results will be directly linked to the responsible person, and those who fail to pass the evaluation will be subject to various punishments such as demotion, dismissal, transfer, and dismissal.
D) the administrative law enforcement fault accountability system. That is, the administrative law enforcement agencies and staff in the process of administrative law enforcement illegal or improper law enforcement, infringing on the legitimate rights and interests of the administrative counterpart, should bear the corresponding responsibility. The British jurist Daisy stressed that the executive must abide by the same rules of law and bear the same responsibilities as ordinary citizens.
Two points should be emphasized in the fault responsibility system: the first is that the premise of bearing fault liability is that the administrative law enforcement entity is subjectively at fault and the fault has caused damage to the administrative counterpart; Second, in addition to being sufficient to enable the administrative organs to stop the infringement, the legal responsibilities borne by the administrative organs should also have sufficient provisions for compensation for the infringement of citizens' legitimate rights and interests. After the state compensates the citizens, the person responsible for administrative law enforcement shall bear all or part of the compensation costs and be subject to corresponding administrative sanctions.
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Legal analysis: administrative law enforcement refers to the implementation of administrative legal norms by statutory state administrative organs and organizations authorized by laws and regulations in accordance with legal procedures in the process of realizing the functions of national public administration;
Administrative acts for the purpose of safeguarding public interests and serving the society. Administrative law enforcement includes administrative licensing, administrative punishment, administrative coercive defense system, administrative expropriation, administrative payment, administrative confirmation, administrative ruling, etc. Legal basis:
Article 2 of the Administrative Law: Citizens, legal persons or other organizations that believe that the administrative dismantling of stools by administrative organs and their staff infringes upon their lawful rights and interests shall have the right to file a lawsuit in the people's courts in accordance with this Law.
The term "administrative acts" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.
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Legal Analysis:1Legal administration.
Administrative organs shall carry out administrative management in accordance with the provisions of laws, regulations, and rules; 2.Rational administration. Administrative organs shall follow the principles of fairness and impartiality in carrying out administrative management.
3.Due process. Administrative organs carry out administrative management, except for those involving state secrets and commercial secrets that are protected in accordance with law.
4.Efficient and convenient for the people. Administrative organs carrying out administrative management shall comply with the statutory time limit, 5
Honesty and trustworthiness. The information released by administrative organs shall be comprehensive, accurate, and truthful. Not for statutory reasons and after the legal procedure of amendment, 6
Unity of rights and responsibilities. In the lawful performance of administrative duties in the management of economic, social, and cultural affairs, administrative organs should be given the corresponding means of law enforcement by laws and regulations.
Legal basis: "Administrative Coercion Law of the People's Republic of China on Nuclear Cong Huihua" Article 18 The implementation of administrative compulsory measures by administrative organs shall comply with the following provisions: (1) Before implementation, it must be reported to the person in charge of the administrative organ and approved; (B) by two or more administrative law enforcement personnel; (3) Present law enforcement identification documents; (4) Notify the parties to appear; (5) Inform the parties on the spot of the reasons and basis for employing administrative compulsory measures, as well as the rights and remedies enjoyed by the parties in accordance with law; (6) Hearing the parties' statements and defenses; (7) Making on-site records; (8) The on-site record is to be signed or sealed by the parties and administrative law enforcement personnel, and where the parties refuse, it is to be noted in the record; (9) Where the parties are not present, invite witnesses to appear, and have the witnesses and administrative law enforcement personnel solemnly sign or affix a seal to the on-site record; (10) Other procedures provided for by laws and regulations.
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Legal analysis: administrative law enforcement refers to the administrative subject in accordance with the administrative law enforcement procedures and the provisions of relevant laws and regulations, the specific administrative legal acts that deal with specific events and directly affect the rights and obligations of the counterpart, are the specific methods and steps taken by the state administrative organs in the implementation of the Constitution, laws, administrative regulations or the performance of international treaties, and are specific administrative acts made on specific people and specific events in order to ensure the effective implementation of administrative regulations.
Legal basis: Administrative Punishment Law of the People's Republic of China
Article 9: Types of administrative punishments: (1) warnings, circulars of criticism; (2) Fines, confiscation of unlawful gains, or confiscation of illegal property; (3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses; (4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment; (5) Administrative detention;
Article 11: Administrative regulations may set administrative punishments other than restricting physical liberty. Where the law has already made provisions on administrative punishment for illegal acts, and administrative regulations need to make specific provisions, they must be provided for within the scope of the acts, types, and scope of administrative punishments prescribed by law. Where the law does not provide for administrative punishment for illegal conduct, administrative regulations may supplement administrative punishments for the purpose of implementing the law.
Where it is proposed to supplement the establishment of administrative punishments, opinions shall be widely heard through means such as hearings and debate meetings, and a written explanation shall be made to the formulating organ. When administrative regulations are submitted for filing, they shall explain the circumstances of supplementing the administrative punishment. (6) Other administrative punishments provided for in the law and administrative law.
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Legal analysis: administrative law enforcement refers to the administrative subject in accordance with the administrative law enforcement procedures and the provisions of the relevant laws, liquid regulations and regulations, the specific administrative legal acts that deal with specific events and directly affect the rights and obligations of the counterpart, is the specific methods and steps taken by the state administrative organs in the implementation of the Constitution, laws, administrative regulations or the performance of international treaties, and is to ensure the effective implementation of administrative regulations, and specific administrative acts done on specific people and specific events.
Legal basis: "Guiding Opinions of the General Office on the Comprehensive Implementation of the Administrative Law Enforcement Publicity System, the Record System of the Whole Process of Law Enforcement, and the Legal Review System for Major Law Enforcement Decisions" puts forward clear requirements for matters related to the full implementation of the administrative law enforcement publicity system, the whole process of law enforcement record system, and the legal review system for major law enforcement decisions.
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Administrative law enforcement refers to the administrative acts in which the statutory state administrative organs and organizations authorized by laws and regulations implement administrative legal norms in accordance with legal procedures in the process of realizing the functions of state public administration, so as to achieve the purpose of safeguarding public interests and serving the society. Administrative law enforcement includes administrative licensing, administrative punishment, administrative compulsion, administrative expropriation, administrative payment, administrative confirmation, administrative ruling, etc. Article 4 of the Administrative Punishment Law of the People's Republic of China shall follow the principles of fairness and openness.
The establishment and implementation of administrative punishments must be based on facts, and be commensurate with the facts, nature, circumstances, and degree of harm to society of the violation. Provisions for imposing administrative penalties for violations of the law must be made public; If it is not announced, it must not be used as the basis for the punishment of the brigade.
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Legal analysis: administrative law enforcement refers to the administrative subject in accordance with the administrative law enforcement procedures and the provisions of relevant laws and regulations, the specific administrative legal acts that deal with specific events and directly affect the rights and obligations of the counterpart, are the specific measures and steps taken by the state administrative organs in the implementation of the Constitution, laws, administrative regulations or the performance of international treaties, and are specific administrative acts made on specific people and specific events in order to ensure the effective implementation of administrative regulations.
Legal basis: Administrative Punishment Law of the People's Republic of China
Article 9: Types of administrative punishments: (1) warnings, circulars of criticism; (2) Fines, collection of unlawful gains, and confiscation of illegal property; (3) Temporarily withholding permits, lowering qualification levels, or revoking permits; (4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment; (5) Administrative detention; (6) Other administrative punishments provided for by laws and administrative regulations.
Article 10: The law may set up various types of administrative punishments. Administrative penalties restricting personal liberty can only be set by law.
The discount** is mainly due to the low market price due to the backlog of goods, but according to the principle of good faith, the seller still has to fully and properly perform the contractual obligations, and the label should be recognized as a standard clause, because it exempts the merchant from liability and excludes the rights of consumers, and should be invalid.
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