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1) Characteristics of content.
1.Administrative law covers a wide range of fields and is very rich in content, and the extreme expansion of modern administrative power has extended the scope of administrative activities to all aspects of social life, and the whole process of managing citizens "from the cradle to the grave" is implemented. The law as a superstructure must reflect this reality and adjust it in all aspects, which determines the breadth of the content of administrative law.
2.Administrative law norms have obvious changeability, and administrative law norms expressed in the form of constitutions and laws have a certain degree of stability because they have certain principles and abstractions, but the state's administrative management methods change frequently, and the administrative law norms expressed in the form of administrative regulations and administrative rules must be adjusted in time to meet the needs of management because the content involved is too specific.
3.Due to the particularity of administrative power, for the sake of democracy, fairness, efficiency, etc., it is necessary to stipulate the steps, sequence, methods, and time limits for the exercise of administrative power. As a result, the substantive and procedural norms governing executive power are often intertwined, combining substantive and procedural norms.
2) Formal features.
1.There is no complete and unified code of administrative lawAdministrative law is different from civil law and criminal law, there is no unified code that integrates basic norms, and the legal norms on which administrative law depends are scattered in various legal documents, which has a lot to do with its extensive and volatile content.
2.Administrative law has formed a unified code in local fields, such as the Administrative Punishment Law that has been formulated in China, the Administrative Procedure Law, the Administrative Licensing Law, and the Administrative Enforcement Law that are being formulated.
Classification: 1) Based on the role of administrative law, administrative law norms can be divided into the following three categories:
Legal norms on administrative organizations. One part is the legal norms related to the establishment, establishment, powers, duties, procedures and methods of activities of administrative organs, of which the norms of powers and duties are the core of the norms of the administrative organization law; The other part is the legal norms concerning the relationship between the rights (powers) and obligations (duties) of both state administrative organs and state civil servants in recruitment, training, evaluation, rewards and punishments, promotions, and transfers.
With regard to the legal norms of administrative acts, the most important of them are the legal norms on the relationship between the rights (powers) and obligations (duties) of both administrative organs and administrative counterparts.
The legal norms for supervising administrative power, that is, the legal norms for the supervision of administrative power by the main body of supervision, the most important ones are administrative supervision, administrative auditing, administrative reconsideration, administrative litigation, administrative compensation, and other legal norms.
2) Based on the scope of the objects of adjustment of administrative law, administrative law can be divided into general administrative law and departmental administrative law.
General administrative law is a general term for the legal norms that regulate general administrative relations and supervision administrative relations, such as the basic principles of administrative law, the administrative organization law, the law on state civil servants, the law on administrative acts, the law on administrative procedures, the law on administrative supervision, the law on administrative remedies, etc.
Departmental administrative law is a general term for the legal norms that regulate departmental administrative relations, such as economic administrative law and military administrative law.
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It has the following five characteristics;
There is no uniformity in administrative law.
1. Complete Code.
Administrative law norms are expressed in a variety of legal forms, and are a unity composed of a variety of behavioral norms with different levels of effectiveness.
Administrative law norms are numerous and extensive.
Administrative law norms are markedly volatile.
Administrative procedural norms are a type of behavioral norms unique to administrative law, which are usually intertwined with administrative substantive norms and exist in the same legal document.
Administrative Punishment Law of the People's Republic of China
Article 29: Where illegal conduct is not discovered within two years, administrative punishments are no longer to be given. Except as otherwise provided by law. The time period provided for in the preceding paragraph is calculated from the date on which the illegal conduct occurred; Where the illegal conduct is continuous or continuous, it is calculated from the date on which the conduct ends.
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The easiest way to answer for you is to solve the problem according to your own way and method, to give reasonable answers, and you have clear questions to ask questions about the relevant content is not in a reasonable way to ask you to answer.
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1. There is no complete and uniform code;
2. Various forms of expression;
3. The number of administrative law norms is large and the content is extensive;
4. Administrative law norms are obviously volatile;
5. Procedural norms and substantive norms coexist.
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. 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.
Legal basis: Administrative Litigation Law of the People's Republic of China
"Administrative acts" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.
Article 3: People's courts shall safeguard citizens, legal persons, and other organizations' right to sue, and accept administrative cases that should be accepted in accordance with law.
Administrative organs and their staffs must not interfere with or obstruct the people's courts' acceptance of administrative cases.
The responsible person for the administrative organ that is the subject of the lawsuit shall appear in court to respond to the lawsuit. and where they are unable to appear in court, they shall entrust the corresponding staff of the administrative organ to appear in court.
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1) There is no unified and complete substantive administrative code for administrative law, because administrative law involves a wide range of social fields, rich contents, and complex and changeable administrative relations, so it is difficult to formulate a comprehensive and complete unified code. Administrative law is scattered at different levels, with many names and different types.
1. A considerable number of laws, administrative regulations, local regulations, rules and other normative documents. All normative documents involving administrative power have administrative law norms. The important comprehensive administrative laws in China and abroad mainly include:
Administrative Organization Law, State Civil Servants Law, Administrative Punishment Law, Administrative Compulsion Law, Administrative Licensing Law, Administrative Procedure Law, Administrative Disclosure Law, Administrative Reconsideration Law, Administrative Litigation Law, State Compensation Law, etc. (2) Administrative law covers a wide range of fields and is very rich in content: due to the rapid expansion of modern administrative power, its field of activity is no longer limited to foreign affairs such as national defense, public security, taxation and other fields, but has expanded to all aspects of social life.
Therefore, it is determined that the social relations that occur in various fields need to be adjusted by administrative law, and the fields in which modern administrative law applies are broader and richer. (3) Administrative law has strong variability Due to the complex and changeable social life and administrative relations with other departmental laws, the administrative law norms as the regulator of administrative relations also have strong variability, and need to be repealed, amended and established frequently. Difference from economic law 1) The nature is different, the economic management relationship adjusted by economic law is essentially a relationship of material interests, not a simple administrative relationship.
2) The status of the subject and the state of connection of rights and obligations between the subjects are different. Although the status of the subjects in the economic management relationship adjusted by the economic law is divided into upper and lower levels, they are the subjects of rights and obligations of each other. 3) The main purpose is different, the economic behavior and economic activities in the economic management relationship adjusted by the economic law are fundamentally subject to the economic law, and the administrative activities are first subject to the will of the chief.
4) The means of adjustment are different, the economic law mainly uses economic means, supplemented by administrative means and generally used in combination with economic means, etc., and the administrative law is mainly based on the administrative means of silver judgment and amusement, and is mainly implemented in the form of command and obedience.
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Legal Analysis: Characteristics of Administrative Law: (1) Administrative relationships are complex and changeable.
2) Administrative law covers a wide range of fields and is very rich in content. (3) Administrative law is highly volatile. Due to the complexity of social life and administrative relations with other departmental laws, the administrative legal norms that are the regulators of administrative relations also have strong variability, and need to be repealed, amended, and established frequently.
Legal basisArticle 29 of the "Administrative Punishment Law of the People's Republic of China" provides that if the illegal conduct is not discovered within two years, no administrative punishment shall be given. Except as otherwise provided by law.
The time period provided for in the preceding paragraph is calculated from the date on which the illegal act of suppressing the chain of envy occurs; Where the illegal conduct is continuous or continuous, it is calculated from the date on which the conduct ends.
Clause. 1. Administrative law has the function of ensuring the effective implementation of administrative management. Clause. >>>More
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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
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