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The rule of law administration refers to all the power of the law, the law is superior to the administration, the administration is subject to the law, the law is governed by the law, and acts in strict accordance with the provisions of the law and the purposes and principles of the law.
The rule of law is not the same as "rule by law".
"Governing by law" is to use the law simply as a tool and means, and to use such tools and means to govern the country and manage citizens.
The rule of law is first of all to govern power and officials in accordance with the law, and to regulate the behavior of ** organs and their public employees in accordance with the law; Instead of first and foremost, it is not just governing the people and affairs according to law, but only using the law to regulate and restrain the behavior of the administrative counterpart.
The core of rule of law administration is to use the law to control, prevent offside, dislocation and absence, avoid dereliction of duty, ultra vires and abuse of power by administrative organs, control the administrative power to the greatest extent from the source of power, cut off the ubiquity of administrative power, limit the omnipotence of administrative power, and transform the omnipotence of administrative power.
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Administrative rule of law is to require the first department to administer according to law, according to law, administration according to law is first of all a requirement for law enforcement, but also a requirement for legislation. Only when there is a law to follow can we talk about administering according to law. Legislation includes legislation of the organs of power and legislation of the executive branches.
The legislation of the organs of power is mainly to formulate benchmark norms. The legislation of administrative organs is mainly to formulate subordinate and executive norms. The principle of the rule of law requires the first organ to strengthen the formulation of administrative rules and regulations, so that a large number of ** behaviors have rules to follow, so as to minimize the arbitrariness of ** behavior and the injustice and corruption it causes.
Formulating and promulgating administrative regulations and rules in accordance with the law is not only a power, but also a duty.
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What administrative law is explained below:
Administrative law is composed of the Administrative Organization Law, which regulates the establishment of administrative subjects and administrative powers, the Administrative Acts Law, which regulates the exercise of administrative power, the Administrative Procedure Law, which regulates the procedures for the operation of administrative power, the Administrative Supervision Law, and the Administrative Remedies Law, which regulates the supervision of administrative power. Its focus is to control and regulate administrative power and protect the legitimate rights and interests of administrative counterparts.
Administrative law is a general term for the legal norms that regulate administrative relations. Further, administrative law is a general term for the legal norms governing administrative relations, such as the adjustment of administrative organizations, powers, the methods and procedures for exercising powers, and the supervision of the exercise of administrative powers.
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Legal Analysis: The core meaning of rule of law administration is that the law is higher than the administration. The characteristics of rule of law administration include:
1. Statutory authority.
2. Legal Reservation.
3. Law takes precedence.
4. In accordance with the law.
5. Unity of authority and responsibility.
The rule of law administration refers to all the power of the law, the law is superior to the administration, the administration is subject to the law, the law is governed by the law, and acts in strict accordance with the provisions of the law and the purposes and principles of the law.
Legal basis: "Administrative Litigation Law of the People's Republic of China" Article 2 "State acts" as provided for in Paragraph 1 of Article 13 of the Administrative Litigation Law refers to acts related to national defense and foreign affairs carried out in the name of the State by the Military Commission, the Ministry of National Defense, and others in accordance with the authorization of the Constitution and laws, as well as acts such as the declaration of a state of emergency by state organs authorized by the Constitution and laws.
"Universally binding decisions and orders" as provided for in item 2 of article 13 of the Administrative Litigation Law refers to normative documents issued by administrative organs for unspecified targets that can be repeatedly applied.
"Decisions on rewards and punishments, appointments and removals, and other such decisions for the staff of administrative organs" as provided for in item 3 of article 13 of the Administrative Litigation Law refers to decisions made by administrative organs that involve the rights and obligations of the staff of administrative organs and civil servants.
The "law" in "the law that stipulates that the administrative act of eliminating land shall be finally adjudicated by the administrative organ" as provided for in Article 13, Item 4 of the Administrative Litigation Law refers to the normative documents formulated and adopted by the National People's Congress and its Standing Committee.
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The core meaning of rule of law administration is that the law is higher than the administration. The characteristics of rule of law administration include:
1. Statutory authority.
2. Legal Reservation.
3. Law takes precedence.
4. In accordance with the law.
5. Unity of authority and responsibility.
The rule of law administration refers to all the power of the law, the law is superior to the administration, the administration is subject to the law, the law is governed by the law, and acts in strict accordance with the provisions of the law and the purposes and principles of the law.
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Legal analysis: 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: "Administrative Licensing Law of the People's Republic of China" Article 1 This Law is formulated in accordance with the Constitution in order to standardize the establishment and implementation of administrative licensing, protect the legitimate rights and interests of citizens, legal persons and other organizations, safeguard public interests and social order, and ensure and supervise the effective implementation of administrative management by administrative organs.
First of all, the Administrative Litigation Law is mainly aimed at regulating and ensuring that the people's courts can correctly and promptly hear administrative cases, and it is a lawsuit filed by an individual, legal person or other organization to the court because he believes that an administrative act taken by a state organ infringes upon his or her legitimate rights and interests. It stipulates the legal norms for the court's procedures for hearing administrative cases and the various legal norms for the exercise of rights and obligations by participants in administrative litigation, which are the legal basis for the establishment of the administrative litigation system in modern countries. A procedural law enacted in accordance with the provisions of the Constitution to safeguard and supervise the exercise of administrative functions and powers by administrative organs in accordance with the law. >>>More
Clause. 1. Administrative law has the function of ensuring the effective implementation of administrative management. Clause. >>>More
Let's talk about their nature and differences.
Administrative reconsideration refers to the activity of a state administrative organ in the exercise of its administrative functions and powers and a dispute with the other party that is the object of management, and on the basis of the application of the other party, the state administrative organ at the next higher level or other organs prescribed by law shall examine and make a decision on the specific administrative act that caused the dispute in accordance with the law. >>>More
Administrative law is a general term for 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. >>>More
The main research contents of administrative law and administrative litigation law include the following: >>>More