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The responsible persons of administrative organs mainly refer to the prime minister, provincial governors, mayors, county heads, township heads, and other entities.
Administrative organs at all levels, that is, the people at all levels, are the main body of state administration, and from the perspective of administrative system and institutional establishment management, state administrative organs are also the organs with the most complex functions, the largest number of institutions, the largest number of staff, and the largest scale among all kinds of organs. The state administrative organs are divided into five levels, namely, provinces, cities, counties, and townships from top to bottom, and various institutions have also been set up at all levels. However, the secretaries of party committees at all levels do not belong to the responsible persons of administrative organs, and this is the party affairs system.
However, in our country, the party leads everything, and in terms of the extension of a single right, secretaries at all levels have the right to make the final decision on major events.
Administrative organs at all levels are also small administrative entities, under the unified planning of the first level, management and governance of all levels and localities. Exercise the administrative functions and powers of the state and manage the affairs of the state.
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The head of administration is a managerial position.
The person in charge of administration refers to the person in charge of the unit, who is the legal representative of the unit or the principal person in charge of exercising authority on behalf of the unit as provided by laws and administrative regulations. 1. The legal representative of the unit refers to the person in charge who exercises his or her powers on behalf of the legal entity, such as the director and manager of a state-owned industrial enterprise, the chairman of a company-based enterprise, and the highest administrative officer of a state-owned organ. Stove.
2. The person in charge who exercises his or her authority on behalf of the unit in accordance with the provisions of laws and administrative regulations, specifically refers to the person in charge who exercises his or her authority on behalf of a legal entity, such as a partner who performs partnership affairs on behalf of a partnership enterprise, an investor in a sole proprietorship enterprise, etc.
The person in charge of the unit shall be responsible for the authenticity and completeness of the accounting work and accounting data of the unit. The person in charge of the unit shall sign and seal the financial report to ensure the authenticity and completeness of the financial accounting report, and shall ensure that the accounting institution and accounting personnel perform their duties in accordance with the law, and shall not instruct, instigate, or compel the accounting institution or accounting personnel to handle accounting matters illegally. This shows that the person in charge of the unit is the natural main body responsible for the accounting behavior of the unit, which will help fundamentally ensure the soundness, completeness, and effectiveness of the unit's internal restraint mechanism.
Work Safety Law of the People's Republic of China
21st production and business operation entity of the main person in charge of the unit safety production work has the following responsibilities:
1) Establish and improve and implement the responsibility system for production safety for all employees of the unit, and strengthen the standardization of production safety;
2) Organize the formulation and implementation of the unit's safety production rules and regulations and operating procedures;
3) Organize the formulation and implementation of the unit's safety production education and training plan;
4) Ensure the effective implementation of the unit's investment in production safety;
5) Organize the establishment and implementation of a dual prevention mechanism for hierarchical management and control of safety risks and investigation and management of hidden dangers, supervise and inspect the safety production work of the unit, and eliminate hidden dangers of production safety accidents in a timely manner;
6) Organize the formulation and implementation of the emergency rescue plan for production safety accidents of the unit;
7) Report production safety accidents in a timely and truthful manner.
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Legal analysis: 1. The functions and powers of administrative organs are usually prescribed by the Constitution and laws, and are mainly divided into two aspects: implementation and management.
2. In terms of enforcement, the administrative organs shall implement the laws and decisions formulated by the representative organs, and the local administrative organs shall implement the orders of the higher-level administrative organs and the resolutions of the representative organs at the same level in addition to the above-mentioned laws and decisions.
3. In terms of management, the administrative organs manage the administrative affairs of the whole country in terms of internal affairs, foreign affairs, and military affairs, while the local administrative organs mainly manage internal affairs, do not manage foreign affairs, and there are few military affairs in the management of affairs.
Legal basis: Article 89 of the Constitution of the People's Republic of China *** Exercise the following functions and powers:
1) In accordance with the Constitution and laws, stipulate administrative measures, formulate administrative regulations, and issue decisions and orders;
2) Submit bills to the National People's Congress or the Standing Committee of the National People's Congress;
3) To stipulate 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; Brother Code.
10) To lead and manage the cause of national defense construction;
11) To lead and administer ethnic affairs, and to guarantee the equal rights of ethnic minorities and the autonomy rights of 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) Decide in accordance with the provisions of law 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 bodies, in accordance with the provisions of the law to appoint and remove, train, evaluate and reward and punish administrative personnel;
18) The National People's Congress and the Standing Committee of the National People's Congress have conferred their functions and powers.
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This ** department has long had a relevant charter.
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Legal analysis: Administrative liability refers to the legal responsibility that a unit or individual who commits a general illegal act should bear in accordance with the provisions of laws and regulations.
Legal basis: Administrative Punishment Law of the People's Republic of China
Article 4: Where citizens, legal persons, or other organizations violate the order of administrative management and shall be given administrative punishments, they shall be provided for by laws, regulations, and rules in accordance with this Law, and shall be carried out by administrative organs in accordance with the procedures provided for in this Law.
Article 8: Where citizens, legal persons, or other organizations receive administrative punishments for illegal conduct, and their illegal conduct causes harm to others, they shall bear civil liability in accordance with law. Where the illegal conduct constitutes a crime and criminal responsibility shall be pursued in accordance with law, administrative punishment must not be substituted for criminal punishment.
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Legal analysis: Administrative litigation refers to the responsible person of an administrative organ, including the principal and deputy responsible persons of the administrative organ, the responsible person at the deputy level who participates in the implementation of the administrative act being sued, and other responsible persons who participate in the management. The people's court accepts the following lawsuits filed by citizens, legal persons or other organizations, and refuses to accept administrative punishments such as detention of the people, legal persons or other organizations, temporary seizure or revocation of permits and licenses, orders to suspend production and business, confiscation of unlawful gains, confiscation of illegal property, fines, warnings, etc., and refuses to accept administrative compulsory measures such as restriction of personal liberty or sealing, seizure, or freezing of property, or administrative compulsory enforcement, and applies for an administrative license, but the administrative organ refuses or does not respond within the statutory time limit. or dissatisfaction with other decisions made by administrative organs on administrative licensing.
Where an application is made to an administrative organ to perform a legally-prescribed duty to protect personal rights, property rights, or other lawful rights and interests, but the administrative organ refuses to perform or does not respond.
Legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the Appearance of Responsible Persons of Administrative Organs in Court to Respond to Litigation" Article 2: The responsible persons of the administrative organs being sued as provided for in paragraph 3 of article 3 of the Administrative Litigation Law include the principal and deputy responsible persons of the administrative organs, the responsible persons at the deputy level participating in the implementation of the administrative acts that are the subject of the litigation, and other responsible persons participating in the management. The responsible person for an organization entrusted by the administrative organ being sued or a lower-level administrative organ cannot appear in court as the responsible person for the administrative organ being sued.
1. Administrative acts.
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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.