Discuss the legal and effective elements of administrative law enforcement acts

1) The subject of the administrative act shall be lawful. This is the main element of the legality and validity of administrative acts. The so-called legitimacy of the subject means that the organization carrying out the administrative act must have the qualifications of an administrative subject.

1. The administrative agency is legitimate.

2 Personnel legitimate.

3. The entrustment is legitimate.

2) Administrative acts shall conform to the scope of the administrative entity's authority. It means that the subject of administrative acts must carry out administrative acts within the scope of statutory authority, and must comply with certain rules of authority. The limitation of administrative powers is manifested in several ways:

Restrictions on the jurisdiction of administrative matters, restrictions on the right to manage administrative territory, restrictions on time and jurisdiction, restrictions on means, restrictions on degrees, restrictions on conditions, and restrictions on delegated authority.

3) The content of administrative acts shall be lawful and appropriate. This is the content element of an administrative act. The legality of the content of an administrative act means that the rights and obligations involved in the administrative act, as well as the impact or handling of those rights and obligations, should comply with the provisions of laws and regulations and the public interest.

It includes several requirements: compliance with laws and regulations; Comply with the legal range and scope; The content of the administrative act must be clear and specific; The content of the administrative act must be appropriate; Administrative acts must be fair and reasonable.

4) Administrative acts shall comply with legally-prescribed procedures. The so-called procedure refers to the steps that must be taken to carry out an administrative act. Procedure is the basic element of an administrative act, because the implementation of any administrative act must be manifested through a certain procedure, and there is no administrative act that exists outside the administrative procedure.

1. The subject of the administrative act is legitimate;

2. Administrative acts shall conform to the scope of authority of the coincidental administrative entity;

3. The content of the administrative act shall be lawful and appropriate;

4. Administrative acts shall comply with legal procedures.

The characteristics of administrative acts are as follows:

1. An administrative act is an act of enforcing the law;

2. The administrative subject has a unilateral volition when carrying out administrative acts;

3. Administrative acts are guaranteed by the coercive power of the state and are compulsory;

4. Administrative acts are based on the principle of gratuitous, with compensation as an exception.

Administrative Dou Silver Belt Litigation Law of the People's Republic of China

Article 25.

Plaintiff qualifications] The counterpart of the administrative act and other citizens, legal persons or other organizations that have an interest in the administrative act have the right to initiate a lawsuit.

In the event of the death of a citizen who has the right to file a lawsuit, his close relatives may file a lawsuit.

Where a legal person or other organization that has the right to initiate litigation is terminated, the legal person or other organization that inherits its rights may initiate litigation.

Where, in the course of performing their duties, people's procuratorates discover that administrative organs with oversight and management duties in areas such as the protection of the ecological environment and resources, food and drug safety, the protection of state-owned property, or the transfer of state-owned land use rights have illegally exercised their authority or failed to act, causing infringement of the national interest or the societal public interest, they shall submit a procuratorial recommendation to the administrative organ and urge them to perform their duties in accordance with law. Where administrative organs do not perform their duties in accordance with law, the people's procuratorate shall initiate litigation in the people's courts in accordance with law.

The effectiveness of administrative acts can generally be divided into four aspects: public determination, certainty, binding force and enforcement force. The basis for administrative law enforcement is generally not flexible. The validity of an administrative act is generally understood as the impact of an administrative act on the rights and obligations of an administrative-legal relationship after it has met the legal requirements.

The legal basis is the Administrative Punishment Law of the People's Republic of China

Answer]: Generally speaking, the main elements of the legality of an administrative act include: (1) the legality of the subject of the act.

2) The behavior is imitative and the content is legal. (3) The conduct procedure is lawful. The content of the effectiveness of administrative acts, according to the general theory, includes four aspects: public determination, certainty, binding force and enforcement force.

The specific requirements of a lawful administrative act include the following:

1. The subject of the administrative act shall be lawful, and shall not be made by natural persons or units;

2. Administrative acts shall be within the scope of the authority of the administrative subject and shall not exceed the scope authorized by law;

3. The content of the administrative act shall be lawful and appropriate;

4. Administrative acts shall comply with legal procedures.

Administrative Punishment Law of the People's Republic of China

Article 37.

The provisions of laws, regulations, and rules at the time of the illegal conduct are to be applied to the implementation of administrative punishments. However, where laws, regulations, or rules have been amended or repealed at the time of making a decision on the administrative punishment of Yanliang, and the punishment of the new provisions is relatively light or is not considered illegal, the new provisions shall apply.

Administrative Punishment Law of the People's Republic of China

Article 38.

Where the administrative punishment is not based on Lu Hui's basis or the implementing entity does not have the qualifications of an administrative entity, the administrative punishment is invalid.

Where violations of legally-prescribed procedures constitute a major and obvious violation, the administrative punishment is invalid.

The record of the whole process of administrative law enforcement is an important guarantee for the legality and effectiveness of administrative law enforcement activities.

First in order to strengthen the construction of the whole process of administrative law enforcement record system, to achieve the whole process of administrative law enforcement traces, traceability, promote strict, standardized, fair and civilized law enforcement, safeguard the legitimate rights and interests of administrative counterparts and administrative organs and law enforcement personnel, in accordance with the relevant laws, regulations and documents, combined with the actual situation of our bureau, this system is formulated.

Second record of the whole process of administrative law enforcement in this system, refers to the process of administrative law enforcement of urban management, through text and video and audio recording, administrative punishment, compulsion, inspection, registration and filing, investigation and evidence collection, review and decision, delivery of execution, archival management and other administrative law enforcement throughout the whole process of tracking and recording of the activities of the defense, that is, to start the procedure to the end, there should be written and audio-visual records.