What are the four functions of administrative acts?

Maintenance features. State organs and their staff through administrative acts.

Establish reasonable norms of life and moral standards in society that are acceptable to the majority of the people in order to maintain a normal social order.

Regulatory functions. The object of administrative action is the whole people, and each person and group has both social and self-nature. As a result, there will be contradictions between the objects of the administrative acts.

State organs and functionaries must adopt an impartial attitude and stand on a detached standpoint, and take necessary administrative measures to exercise appropriate control so that contradictions and conflicts tend to ease.

Referee function. It is inevitable that there will be contradictions, conflicts, disputes, and disputes between the objects of administrative acts, which requires someone to act as an adjudicator. The state both emerges from and overrides society, and it always appears as justice, backed by the coercive power of the state.

Administrative organs in accordance with national laws and regulations.

In accordance with certain procedures, the referee is in disputed matters. Such rulings have the force of law.

Developmental function. Society is constantly changing and developing. State administration.

There should also be corresponding development and changes in order to adapt to the degree and trend of social development. In the actual activities of implementing administrative acts and managing the whole society, the correctness and error of administrative decisions and the advantages and disadvantages of administrative acts can also be found out about the defects of the administrative mechanisms of administrative organs, the advantages and disadvantages of their working methods, and the quality of administrative personnel, so as to adjust the work mechanism.

We should improve administrative decision-making, improve administrative behavior and working methods, improve the quality of administrative personnel, promote the progress and perfection of administrative organs and administrative personnel themselves, and ultimately promote the progress and development of the whole society.

Legal Analysis: The administrative acts are as follows: 1. Administrative expropriation:

Administrative expropriation refers to the specific administrative acts of administrative organs in accordance with the provisions of the law to obtain the corresponding people's property without compensation or on compulsion. 2. Administrative requisition: refers to the specific administrative act of an administrative entity to forcibly expropriate the property or labor services of the counterpart in accordance with legal procedures for the needs of the public interest, and to give appropriate compensation to the counterpart.

3. Administrative payment: also known as administrative material assistance, refers to the specific administrative acts of administrative organs in providing material benefits or rights and interests related to material interests to specific counterparts in accordance with the law, such as the issuance of pensions, social insurance funds, and minimum living allowances in accordance with the banquet code law. 4. Administrative Awards:

In accordance with the statutory conditions and procedures, the administrative entity shall give material or spiritual encouragement to citizens, legal persons or other organizations that have made significant contributions to the state and society, such as national science and technology awards.

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

Article 2: Citizens, legal persons, or other organizations that believe that the administrative acts of administrative organs and their staff infringe upon their lawful rights and interests have the right to initiate litigation in the people's courts in accordance with this Law. "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 old political 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.

Specific administrative acts refer to unilateral acts taken by administrative organs in the exercise of administrative power against specific citizens, legal persons, and other organizations concerning their rights and obligations. It is targeted and has a direct impact on the rights and obligations of the administrative counterpart. The elements of a specific administrative act are:

1. Subject elements: Specific administrative acts are acts carried out by administrative organs. However, the conduct of an organization authorized by laws or regulations or an organization entrusted by an administrative organ may also be an administrative act.

2. Elements of establishment: The specific administrative act is a unilateral act in the exercise of administrative power. The consent of the counterpart is not required, and legal effect will take effect after the decision is made, and where the counterpart does not comply, it may be compelled or applied to the people's court for compulsory enforcement.

3. Target elements: Specific administrative acts are made against specific citizens, legal persons or other organizations. "Specific" refers to a citizen or organization.

1. Subordinate to the file is legal: an administrative act is an act of enforcing the law. Any administrative act must have.

Attention should be paid to the difference between legislative acts and administrative acts, where legislative acts are the creation and formulation of legal norms, while administrative acts are the implementation of legal norms. 2. Discretion: Administrative acts have room for discretion 3. Unilateral volition:

Administrative entities may decide on their own and directly carry out administrative acts without the need to consult or obtain the consent of their administrative counterparties. 4. Pre-determination of effectiveness: Once an administrative act is made, it is assumed in advance that it complies with the provisions of the law.

5. Mandatory; The coercive power of the state is used as a guarantee for implementation.

1. Subordinate to the file is legal: an administrative act is an act of enforcing the law. Any administrative act must have a legal basis.

Attention should be paid to the difference between legislative acts and administrative acts, which are the creation of legal norms and administrative acts. 2. Discretion: Administrative acts have room for discretion 3. Unilateral volition:

Administrative entities may decide on their own and directly carry out administrative acts without consulting with or obtaining their consent. 4. Validity pre-determination: Once an administrative act is made, it is assumed in advance that it is absolutely stupid and purely in accordance with the law.

5. Mandatory; The coercive power of the state is used as a guarantee for both practical and practical implementation.

Legal Analysis: 1. Disposition.

The so-called dispositionality refers to the meaning of producing the effect of disposition, that is, an act can only be a specific administrative act if it can cause a change in the administrative-legal relationship according to the expression of the will of the administrative subject (specifically manifested in the establishment, modification or elimination of a certain relationship of rights and obligations in administrative law). This characteristic has two implications: on the one hand, after a specific administrative act is made, it will inevitably lead to changes in the administrative-legal relationship; On the other hand, the change in such a legal relationship must be expressed by the will of the administrative subject.

These two aspects are indispensable, and an act cannot be called a specific administrative act without either of them. Therefore, dispositionality is the primary characteristic of specific administrative acts, which distinguishes specific administrative acts from administrative factual acts and other acts carried out by administrative subjects.

2. Specificity.

The so-called specificity refers to the fact that a specific administrative act must be an act made against a specific object. The characteristic of specificity mainly distinguishes specific administrative acts from abstract administrative acts and other acts that belong to the scope of legislation, such as the enactment of laws and local regulations, which are made for unspecified objects.

3. Unilaterality.

The so-called unilateral nature refers to the fact that a specific administrative act is determined by the unilateral will of the administrative subject. In other words, the expression of intent of one of the administrative subjects alone is sufficient to make the act effective, without the need for the consent of the administrative counterpart. In order to understand the unilateral nature of specific administrative acts, we must pay attention to two aspects:

The first aspect is to pay attention to the understanding of the act of administrative contract. An administrative contract is an act in which an administrative entity creates, alters or extinguishes the rights and obligations of both parties in administrative law through a contract with a citizen, legal person or other organization in order to achieve certain administrative management objectives and on the premise of the same expression of intent.

The second aspect is to pay attention to the understanding of the opinions of the public on vocational training and education in administrative behavior. Public participation is one of the requirements of the principle of procedural due process in administrative law, which means that administrative entities must listen to the defenses and statements of relevant citizens, legal persons or other organizations in the process of implementing administrative activities, and appropriately absorb public opinions.

4. Externalities.

The so-called externality, that is, specific administrative acts, is the behavior made by the administrative subject in response to external objects and external affairs. The characteristics of externalities distinguish specific administrative acts from internal administrative acts. The so-called internal administrative acts refer to the acts carried out by the administrative subject against its internal organizations or individuals, and in the final analysis, it is the management of the internal affairs of the administrative subject.

A specific administrative act is a unilateral act of specific rights and obligations made by the relevant personnel of the administrative department to a specific social citizen, legal person and other natural persons, that is to say, it must be a legal act, and if it is a unilateral administrative act, it must be an external object to do specific treatment for a specific person and the subject matter for which it is targeted.

Legal basis: "Administrative Law of the People's Republic of China" Article 2: Citizens, legal persons or other organizations have the right to file a lawsuit in the people's courts in accordance with this Law if they believe that the specific administrative acts of administrative organs and their staff infringe upon their lawful rights and interests.

The four main characteristics of administrative acts are: they have legal effect, they have coercive force, they have unilateral will, and they have discretion1. Having legal effect means that an administrative act is the result of an administrative organ's handling or decision-making in accordance with laws and regulations, and therefore has legal effect.

Coercive force means that administrative organs can restrain and regulate individuals, organizations, and social forces in the form of administrative acts. Unilateral volition means that an administrative entity can make an administrative act independently in accordance with the law without consulting with the administrative counterpart or obtaining its consent. Discretionary means that an administrative act has a certain degree of discretion, but it must be exercised within the scope of the law.

Extended: Characteristics of Administrative Actions:

1.An administrative act is an act of enforcing the law, and any administrative act must have a legal basis and be subordinate to the law, and the administrative subject shall not make any administrative act without the express provisions or authorization of the law.

2.Administrative acts have a certain degree of discretion, which is determined by the limitations of legislative technology itself and the extensive, changeable, and adaptable nature of administrative management.

3.Administrative entities have a unilateral will when carrying out administrative acts, and they can make them independently in accordance with law without consulting with the administrative counterpart or obtaining their consent. Even in the case of administrative contracts, the administrative subject has a unilateral volitional nature that is different from that of a civil contract in terms of the conclusion, modification, termination and performance of the administrative contract.

4.The act of demolishing the macro government is guaranteed to be carried out with the coercive power of the state, which is compulsory, and the administrative counterpart must obey and cooperate with the administrative act. Otherwise, the administrative entity will impose sanctions or enforce them.

This kind of coercion is closely linked to unilateral volition, and without the coercion of administrative acts, it is impossible to realize the unilateral volitionality of administrative acts.

5.Administrative acts are based on the principle of gratuitous, with the exception of compensation. What administrative entities pursue is the international and social public interest, and its collection, maintenance and distribution of public interests should be gratuitous.

When a specific administrative counterpart bears a special public burden or shares a special public interest, it should be paid, which is the issue of fair burden and benefit burden.