What is the connotation of administration according to law? The connotation of administration accord

Administration according to law refers to the activities of state organs and their functionaries in accordance with the duties and powers conferred by the Constitution and the law, and within the scope of their powers prescribed by law, to manage the state's political, economic, cultural, educational, scientific and technological and other social affairs in accordance with the law. The essence of administering according to law is to effectively restrain and rationally use administrative power, and it requires that all state administrative organs and functionaries must strictly follow the provisions of the law and fully exercise their administrative functions of managing state and social affairs within the scope of their statutory powers, so that they do not neglect their duties or exceed their powers, still less can they illegally infringe upon the legitimate rights and interests of citizens. Proceeding from this essence, administration according to law should include the following three basic connotations:

First, the subject exercising administrative power must be legitimate.

Administration according to law first requires that the organs and organizations exercising administrative power must meet the status, qualifications, and organizational conditions prescribed by law, and if the main body carrying out administrative activities is not established in accordance with the law or does not have the qualifications of an administrative subject, then its acts do not have legal effect.

Second, the acquisition and exercise of administrative power must be lawful.

Administration according to law requires that there must be a legal basis for the acquisition of administrative power, because "the functions and powers of administrative organs are not inherent in administrative organs, but are granted by the people, that is, by laws and regulations". At the same time, the exercise of administrative power must comply with the provisions of laws and regulations, and administrative activities must be carried out within the scope of statutory authority, and neither inaction nor ultra vires authority.

Third, in exercising administrative power, we must bear corresponding responsibilities and achieve unity of power and responsibility.

Administration according to law requires that the administrative subject must bear the corresponding obligations and responsibilities while enjoying administrative power, and if it is abandoned, it is a dereliction of duty, and legal responsibility must be investigated.

Legal analysis: The connotation of administration according to law is as follows: 1. The subject exercising administrative power must be legitimate.

Administration according to law first requires that the organs and organizations exercising administrative power must meet the status, qualifications and organizational conditions of the subject prescribed by law, and if the subject of administrative activities is not established in accordance with the law or does not have the qualifications of the administrative subject, its acts do not have legal effect; 2. The acquisition and exercise of administrative power must be lawful. Administration according to law requires that there must be a legal basis for the acquisition of administrative power, because "the functions and powers of administrative organs are not inherent in administrative organs, but are granted by the people, that is, by laws and regulations".

Legal basis: Article 29 of the "Administrative Punishment Law of the People's Republic of China" Where illegal acts are not discovered within two years, administrative punishments are no longer 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.

Legal analysis: administration according to law refers to the principle that administrative organs must be established in accordance with the provisions of laws and regulations, and obtain and exercise their administrative powers in accordance with the law, and bear corresponding responsibility for the consequences of their administrative acts. Administering according to law is also a requirement for first-class activities under the conditions of the market economy system, and it is an inevitable requirement for the development of political, economic and rule of law construction itself to a certain stage.

The essence of administering according to law is to effectively restrain and rationally use administrative power, and it requires that all state administrative organs and functionaries must strictly follow the provisions of the law and fully exercise their administrative functions of managing state and social affairs within the scope of their statutory powers, so that they do not neglect their duties or exceed their powers, still less can they illegally infringe upon the legitimate rights and interests of citizens.

Legal basis: Administrative Punishment Law of the People's Republic of China

Article 2: Administrative punishment refers to the conduct of administrative organs to punish citizens, legal persons, or other organizations that violate the order of administrative management in accordance with law, by reducing rights and interests or increasing obligations.

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 5: Administrative punishments 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 source of the violation.

Provisions for imposing administrative penalties for violations of the law must be made public; Where it has not been announced, it must not be destroyed as the basis for administrative punishment.

The connotation of administering according to law does not include advanced concepts.

Administration according to law means that all levels of ** and their staff should be active within the scope of laws and regulations, and shall not act beyond the provisions of laws or regulations.

Expand your knowledge.

1) Administrative organs should administer according to law when formulating norms and implementing abstract administrative acts such as legislative activities, and meet the requirements of legal priority;

2) Administrative organs should follow the principle of administration according to law when making decisions and specific administrative acts, and the administrative acts of administrative organs and their staff must have a clear legal basis, and must reflect the principle of unity of power and responsibility, not only to abide by or rely on substantive law, but also to comply with procedural law, and all illegal acts of Xiaoye must be revoked or changed;

3) All administrative acts must consciously accept the supervision of the people.

Administration according to law refers to the activities of state organs and their functionaries in managing the state's political, economic, cultural, educational, scientific and technological and other social affairs in accordance with the duties and powers conferred by the Constitution and the law. Administration according to law should include the following three basic connotations:

1. The subject exercising administrative power must be legitimate. Administration according to law first requires that the organs and organizations exercising administrative power must meet the main status, qualifications, and organizational conditions prescribed by law. Where the subject of administrative activities is not established in accordance with law or does not have the qualifications of an administrative entity, its acts do not have legal effect;

2. The acquisition and exercise of administrative power must be lawful. Administration according to law requires that there must be a legal basis for the acquisition of administrative power, because administrative power is not inherent in administrative organs, but is granted by the people, that is, by laws and regulations. At the same time, the exercise of administrative power must comply with the provisions of laws and regulations, and administrative activities must act within the scope of legal powers, and can neither act nor exceed their powers.

3. The administrative power must bear the corresponding responsibilities to achieve the unity of power and responsibility.