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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 property of the counterpart without compensation or 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 benefits: 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 law.
4. Administrative rewards: specific administrative acts in which administrative entities give material or spiritual encouragement to citizens, legal persons or other organizations that have made significant contributions to the country and society in accordance with statutory conditions and procedures, such as national science and technology awards.
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The manifestations of specific administrative acts include: administrative orders, administrative expropriation, administrative licensing, administrative confirmation, administrative supervision and inspection, administrative punishment, administrative compulsion, administrative payment, administrative reward, administrative ruling, administrative contract, administrative compensation, etc. Specific administrative acts refer to unilateral acts of rights and obligations made by administrative organs in the exercise of administrative power against specific citizens, legal persons and other organizations.
Article 6 of the Administrative Litigation Law.
The people's courts hear administrative cases and review the legality of administrative acts.
Article 12. The people's courts accept the following lawsuits brought by citizens, legal persons, or other organizations:
1) Refusing to accept administrative punishments such as administrative detention, temporary seizure or revocation of permits and licenses, orders to suspend production and business, confiscation of unlawful gains, confiscation of illegal property, fines, warnings, or other administrative punishments;
2) Refusing to accept administrative compulsory measures or administrative compulsory enforcement such as restricting personal liberty or sealing, seizing, or freezing property;
3) Where an administrative organ refuses or does not respond within the statutory time limit when applying for an administrative license, or is dissatisfied with other decisions made by the administrative organ on administrative licensing;
4) Refusing to accept a decision made by an administrative organ on confirming the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas;
5) Refusing to accept the expropriation or expropriation decision and the compensation decision.
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Specific administrative acts include administrative licensing and administrative punishments.
Administrative licensing refers to a specific administrative act in which an administrative organ, on the basis of the counterpart's application and through the issuance of permits, licenses, etc., grants the counterpart the legal qualifications to engage in certain activities or the legal right to carry out certain acts in accordance with the law. Administrative punishment refers to the specific administrative acts of administrative organs with statutory authority and procedures to give administrative sanctions to citizens, legal persons or other organizations that violate norms and have not yet constituted a crime.
The items in the "Administrative Punishment" column should be based on the specific illegal acts provided for in each individual regulation, and each specific illegal act should be filled in with a "administrative punishment".
Where citizens, legal persons, or other organizations receive administrative punishments for their illegal conduct, and their illegal conduct causes harm to others, they shall bear civil liability in accordance with law. Where the illegal conduct constitutes a crime and criminal responsibility shall be pursued in accordance with law, administrative punishment must not be substituted for criminal punishment.
Legal basisAdministrative Punishment Law of the People's Republic of China
Article 10: The law may set various administrative punishments.
Administrative penalties restricting personal liberty can only be set by law.
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1. The act of creating rights or obligations;
2. Acts of deprivation or restriction of rights or revocation of obligations;
3. Changing rights or obligations;
4. Omission, or omission.
Legal basisArticle 2 of the "Administrative Litigation Law" Citizens, legal persons, or other organizations have the right to initiate litigation in the people's courts in accordance with this Law if they believe that the administrative acts of administrative organs and their staff have infringed upon their lawful rights and interests. "Administrative acts" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.
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Specific administrative acts can be classified according to different classification standards, which are briefly described as follows:
Clause. 1. According to the nature of the act, it can be divided into:
1. The act of creating rights or obligations.
2. Deprivation or restriction of rights or revocation of obligations.
3. Changing rights or obligations.
4. Do not act, or do not hold the key.
Clause. 2. According to whether the application of the parties is used as a condition for the commencement of a specific administrative act, it can be divided into:
1. An administrative act of the power of the land in accordance with the duties.
2. Administrative acts that should be applied for.
Clause. 3. According to the degree to which specific administrative acts are bound by law, they can be divided into:
1. Specific administrative acts of restraint.
2. Specific administrative acts at the discretion.
Clause. 4. According to the relationship between the rights and interests of the specific administrative acts and the parties, they can be divided into specific administrative acts that confer benefits and bear them.
Clause. 5. According to whether a specific administrative act needs to have a statutory form, it is divided into specific administrative acts of the required form and those that are not required.
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The specific types of administrative acts are: administrative orders, administrative expropriation, administrative licensing, administrative confirmation, administrative supervision and inspection, administrative punishment, administrative compulsion, administrative payment, administrative reward, administrative ruling, administrative contract, administrative compensation, etc. 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.
Article 6 of the Administrative Litigation Law.
The People's Court hears administrative cases and reviews the legality of administrative acts.
Article 12. The people's courts accept the following lawsuits brought by citizens, legal persons, or other organizations:
1) Refusing to accept administrative punishments such as administrative detention, temporary seizure or revocation of permits and licenses, orders to suspend production and business, confiscation of unlawful gains, confiscation of illegal property, fines, warnings, or other administrative punishments;
2) Refusing to accept administrative compulsory measures or administrative compulsory enforcement such as restricting personal liberty or confiscating property, arbitrarily sealing, seizing, or freezing;
C) the application for administrative licensing, the administrative organ refuses or does not respond within the statutory time limit, or the administrative reform and other decisions made by the government organ on administrative licensing;
4) Refusing to accept a decision made by an administrative organ on confirming the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas;
5) Refusing to accept the expropriation or expropriation decision and the compensation decision.
The main content of the administrative act:
1. Conferring rights and depriving rights and interests; >>>More
Administrative reconsideration is an administrative procedure, not a litigation procedure. >>>More
The legal requirements for administrative acts include:1. The subject of the administrative act is legitimate; >>>More
1. The subject of the administrative act is legitimate.
The so-called legitimacy of the subject means that the organization that makes the administrative act must have an administrative subject. >>>More
No. Unreasonableness is determined after discretionary review. The degree of illegality is even more serious, and there is no need to consider the reasonableness of administrative acts that are generally illegal; It is only in the case of lawful administrative acts that there is a need to further examine the issue of their reasonableness.