From the perspective of administrative law, what are the administrative organs that can be the main

The relationship between the two concepts of administrative subject and administrative organ is extremely close. Administrative organs are a type of administrative subject, and they are also the most important type of administrative subject. Among the administrative subjects, organizations authorized by laws and regulations account for only a relatively small proportion, and the basic and major administrative functions and powers of the state are exercised by administrative organs.

As a result, in many cases, the administrative authorities are used as synonymous with administrative subjects.

However, there is still an important difference between administrative organs and administrative entities. These differences are mainly as follows:

First of all, the administrative subject is the general term of one of the parties to the administrative-legal relationship, and in the administrative legal relationship, it is the opposite of the administrative counterpart and the symmetry of the administrative counterpart; In the relationship of administrative and legal supervision, it is the opposite of the main body of administrative and legal supervision, and it is the symmetry of the main body of supervision. An administrative organ, on the other hand, is only a designation for a specific party to an administrative-legal relationship, and is listed alongside organizations authorized by laws and regulations, as well as citizens, legal persons, or other organizations of the other party to the legal relationship.

Secondly, the administrative subject is mainly a concept of administrative law, while the administrative organ is mainly a specific legal concept, which is used to refer to a legal organization that enjoys a certain legal status and has certain rights (powers) and obligations (duties).

In addition, administrative subjects and administrative organs have an inclusive relationship, with the former accommodating the latter. Although administrative organs account for a large proportion of administrative subjects, after all, administrative organs are not all administrative subjects, and administrative subjects include organizations authorized by laws and regulations in addition to administrative organs.

The administrative organs that can be the main body of administration include the constituent departments of the government, the directly subordinate agencies, the national bureaus managed by the ministries and commissions, the local people at all levels, and the local people's dispatched organs.

1、***：

As the highest administrative organ of the state, in accordance with the Constitution and laws, it enjoys the authority to manage the administrative affairs of the whole country, and can formulate administrative regulations, stipulate administrative measures, and issue decisions and orders.

2. The constituent departments of ***.

On the one hand, the constituent departments accept the leadership and supervision of the first department, and implement the first administrative regulations, decisions and orders; On the other hand, they can carry out activities in their own name on matters under their jurisdiction within the scope of their statutory powers and assume the responsibilities arising therefrom. Therefore, the constituent departments of *** are the administrative subjects.

3. Directly subordinate institutions of ***.

The directly subordinate institutions are the institutions that host various special operations under the direct leadership of the government, and their status is lower than that of the ministries, commissions, agencies, and departments. Directly subordinate organs have independent powers and special duties, and may issue orders and instructions to the outside world within the scope of matters in charge. Therefore, the direct agency can become the administrative body.

4. The national bureau managed by various ministries and commissions.

The State Bureaus administered by the ministries and commissions are the administrative functional departments that manage certain specialized matters, and because the administrative affairs they manage are linked to the functions of some ministries and commissions, they are managed by the corresponding ministries and commissions. At the time of their establishment, these national offices had an independent legal status and exercised administrative powers for a particular matter in accordance with the law. Therefore, it has the qualification of an administrative subject.

5. Local people at all levels**.

The status of the local people at all levels is twofold: on the one hand, it is the executive organ of the local state power organs; On the other hand, it is the state administrative organ under the unified leadership of ***. Within the scope of their jurisdiction, local people at all levels shall manage all administrative affairs within their respective administrative areas in accordance with the authority provided by the Constitution and relevant laws, and bear responsibility for the legal consequences arising from their actions in accordance with the law.

Therefore. Local people at all levels are the main body of administration.

6. The dispatched organs of the local people.

According to the provisions of the relevant organic law, the dispatched organs can take administrative acts in their own name and bear legal responsibility for the administrative consequences, and in fact perform the functions of the people's ** at the first level. Therefore, the dispatching organ has the qualification of an administrative entity.

The administrative organs that can be the main body of administration include the directly subordinate agencies, local people at all levels, and customs.

Legal Analysis: In China, according to the provisions of various laws, the subjects that can participate in legal relations include the following categories: fighting.

1) Citizens (natural persons). Citizens here refer to both Chinese citizens and foreign citizens and stateless persons residing in or operating within China.

2) Institutions and organizations (legal persons). This mainly includes three categories: first, various state organs (legislature, executive and judicial organs, etc.); second, various enterprises and institutions, Sino-foreign joint ventures, Sino-foreign cooperative joint ventures and foreign-funded enterprises established in China; The third is political parties and social organizations.

3) Countries. In special circumstances, the State as a whole may become the subject of legal relations, including the organs of state power and the administrative organs.

Legal basis

Civil Code of the People's Republic of China

Article 4: The legal status of all civil entities in civil activities is equal.

Legal analysis: The subject of administrative law, that is, the subject of administrative legal relations, refers to the participants of various administrative relations regulated by administrative law, including organizations and individuals. Specifically, organizations include state organs, enterprises, public institutions, social groups, and other organizations, while individuals include state civil servants, citizens, foreigners, and stateless persons as administrative counterparts.

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

Article 2: Citizens, legal persons, or other organizations that feel that the administrative acts of administrative organs and their staff have violated their lawful rights and interests, have the right to file a lawsuit with the people's court 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 ensure 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.

does not belong.

Administrative organs refer to organs that exercise state power and perform state administrative functions in accordance with law. Broadly speaking, administrative organs are the general term of first-level organs, that is, the first-class organs and their working departments that implement state laws and engage in the management of state affairs, internal affairs and social and public affairs in the organization of state power. In the sense of narrow rent, the administrative organ only refers to the comprehensive office within the first organ, that is, the general office (office), which is an institution that handles various affairs and assists in overall management under the direct leadership of the chief executive.

Administrative organs are established in accordance with the provisions of the Constitution of the State and the relevant organic laws, and are state organs that exercise administrative power on behalf of the state in accordance with the law, organize and manage state administrative affairs, and are the executive organs of the organs of state power and an important part of state organs. It implements the laws and decisions enacted by the representative organs and administers the administrative affairs of the State in the areas of internal, foreign and military affairs. Regarding the distinction between administrative organs and administrative organs, according to the viewpoint of general theory and judicial examination, administrative organs are internal components of administrative organs, which are generally manifested as internal organs, dispatched agencies, office offices and administrative agencies, and generally do not have the qualifications of administrative subjects of Duchang Chan Zhaoli, and only have the qualifications of administrative subjects unless they are specifically authorized by laws, regulations and rules, otherwise they can only carry out administrative acts in the name of the organs they represent.

An administrative organ is a certain administrative organ as a whole, has the qualifications of an administrative subject, and can independently carry out administrative activities in its own name and independently bear the legal consequences arising therefrom.

Belong. However, the subject of administrative law does not only refer to administrative organs, but also state organs, enterprises and institutions, and individuals in a broad sense, and can become the subject of administrative law under certain conditions.

In China, administrative entities include state administrative organs and organizations authorized by laws and regulations. Specifically, those administrative organs, institutions, and organizations have the qualifications of administrative subjects, and we divide them into three categories: ** organs and institutions, local organs and institutions, and non-** organizations and individuals

1 **There are six main categories of institutions and institutions:

a.***；

b.constituent departments, including ministries and commissions;

c.Directly subordinate units and ad hoc institutions.

d.Bodies that make up departmental management.

e.In principle, the internal institutions have no administrative powers, but some internal institutions have enjoyed certain administrative powers through special authorization by laws and regulations, and the common ones in the examination are the Patent Review and Adjudication Board, which is the internal body of the Intellectual Property Office, the Trademark Review and Adjudication Board is the internal agency of the Industrial and Commercial Bureau, and the Public Security Fire Bureau, the Public Security Traffic Management Bureau and the Public Security Border Defense Bureau under the Ministry of Public Security are the internal institutions of the Ministry of Public Security.

f.Deliberative and coordinating bodies delegated.

The subject of administrative law is the subject of rights (powers) and obligations (duties) in administrative law, including administrative subjects and administrative counterparts.

The administrative subject is a part of the subject of administrative law, and is a concept corresponding to the administrative counterpart, including administrative organs and other organs exercising administrative power, such as certain social organizations with management functions.

Administrative organs are the main components of administrative subjects and an important part of administrative law subjects.

The extension between the three is different, the scope of administrative law is the widest, including administrative subjects, and administrative subjects include administrative organs, which is a top-down hierarchical relationship.

The object of adjustment of the administrative law is the relationship between administrative relations and administrative supervision, so A

The main body of administrative law refers to the participants in the adjustment of various administrative relations by administrative law.

Personal zhi. Organizations include state organs (mainly.

DAO administrative organs), enterprises, public institutions, social groups and other organizations; Individuals include state civil servants, citizens, foreigners, stateless persons, etc., who are administrative counterparts.

The subject of administrative law, also known as the subject of administrative law relations, is the holder of rights and the bearer of obligations in administrative law relations, specifically including the administrative subject and the administrative counterpart (i.e., the managed in the process of administrative management).

Answer]: c. This question assesses the administrative subject. Certain internal organs of administrative organs may become the main body of administrative Li Hongxiang when authorized by laws and regulations.

So the option is absolutely a mistake. The dispatched agency is an authorized administrative entity, and the dispatching organ is an administrative entity with authority. So option B is wrong.

The entrusted organization is not an administrative entity, and can only carry out administrative acts in the name of the entrusting organ. So option d is wrong.