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It's administrative law. Whether the distinction is administrative law can be judged from 4 aspects (personal summary):
1. Look at its name. Administrative lawAdministrative law refers to the legal norms formulated by ***, *** departments and localities, and generally uses the words "regulations, regulations, and methods" as names.
2. See if it has an administrative subject. Administrative law stipulates the internal relations of a specific administrative subject, does not involve this administrative scope, and is not subject to laws and regulations, that is to say, its jurisdiction is single and limited.
3. See whether its legal relationship is equal. Within the scope of the provisions of the administrative law, the administrative department is always in the dominant position and has the power to impose administrative penalties on violators, while citizens are in a position of being governed, and the mutual legal relationship is not equal.
4. Look at the results of illegal treatment. In violation of administrative regulations, the competent department of the first department with law enforcement powers granted by the administrative law shall directly determine and impose administrative punishments, such as warnings, revocation of qualifications, fines, administrative detention, etc. In case of violation of other laws, the result of the disposition shall be determined by arbitration or court.
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China is a civil law country, but there is no written administrative law.
The Code, here referred to as administrative law, should be understood in a broad sense. Administrative law, which corresponds to civil law, criminal law, etc., is classified from the direction of applied law. They are classified on the basis of their specific legal norms and the resulting legal relationships.
Such as civil law is the law that regulates personal and property relations between equal subjects. Administrative law, on the other hand, refers to the general term of the legal norms for the various relationships that occur between administrative subjects and their administrative counterparts and administrative legal supervision subjects in the process of exercising administrative functions and powers and accepting administrative legal supervision, as well as the various relationships that occur within administrative subjects.
First of all, the law of marriage.
It is the marital relationship (personal relationship) between equal subjects (husband and wife) that regulates it, so it is within the scope of civil law.
Compulsory Education Act.
Classroom law, road traffic safety law, and tax law are all administrative laws. The simplest way to understand this is the legal relationship between the administrative subject and the administrative counterpart, (such as ** and citizens), and the legal status is unequal.
Labor. Labor law is the law that regulates the relationship between the worker and the employer. It is not a system with administrative law. PS: The classification of labor law has always been controversial.
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Road Traffic Safety Act.
The main criterion for the division of the legal sector is the different social relations regulated by the law, i.e., the objects of adjustment.
Administrative law, as the name suggests, is the law in the field of administration.
The adjusted legal relationship is the law of the legal relationship between the administrative authority and the governed.
Using this as the criterion to go to the above options, it is obvious that none of them are except for the fourth.
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456 are all administrative laws, and they refer to the handling of major national affairs
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Answer]: A The current construction administrative regulations mainly include the Regulations on the Quality Management of Construction Projects, the Regulations on the Management of Construction Project Safety and Rough Production, the Regulations on the Administration of Construction Engineering Survey and Design, the Regulations on the Management of Urban Real Estate Development and Management, and the Regulations on the Implementation of the Bidding and Bidding Law.
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Answer]: B administrative regulations are formulated by the highest administrative organ of the state. Issued normative and filial piety documents. It is often referred to as an ordinance. Way. The name of the stipulation is the name of the judgment. Its status is secondary to the constitution and laws, and it is an important form of law.
This question is aimed at the knowledge points of "the form of the law".
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Answer]: B1) Option A: Belongs to the departmental crack; (2) Option B: Trapped in administrative regulations; (3) Option C: Belongs to the law; (4) Option D: It is a local regulation.
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Among the following items, those that belong to administrative regulations are () and disadvantages.
a.The Ministry of Finance promulgated the "** Bookkeeping Management Measures".
b.Adopted Provisional Regulations on Value Added Tax (correct answer) cLaw of the People's Republic of China on the People's Bank of China adopted by the National People's Congress
d.Provisions on Several Issues Concerning the Company Law of the People's Republic of China issued by the Supreme People's Court of the People's Republic of China
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Answer]: B1) Option A: It belongs to "departmental regulations"; (2) Option B: It is an empty "administrative regulation"; (3) Option C: Belongs to the "law"; (4) Option D: It belongs to the "local regulations in the field".
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Answer]: B1) Option A: It belongs to the "Ministry of Instruction and Constitution"; (2) Option B: It belongs to the "administrative regulations"; (3) Option C: Belongs to the law; (4) Option D: It belongs to Hengsun Jin's "local regulations".
The main differences between the two are as follows:
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