07 "administrative law and administrative procedure law" syllabus

    

                    07 "administrative law and administrative procedure law" syllabus
                                Law a systemThe administrative law section preparation
                                Write headHan Fengran
                                Write the member  Li Suping Zhang Yunhong

Two 00 seven years in July 24th

Hebei Career Academy
"Administrative law and administrative procedure law" syllabus

Total hours:68Classroom teaching hours48
  Classroom training hours20
Science  Divided:4Centralized system (Department)Law a system
For professional:Three years of legal affairs in Higher Vocational Colleges
 The first part of the course of nature and task
This course is a professional legal affairs of three year vocational a main specialized course in Higher Vocational colleges. Its mission is to:
Prerequisites: the constitution, jurisprudence, civil law, criminal law, civil procedure law.
Subsequent courses: administrative litigation, legal clinic, case study.
Ideas. The design of the course second
Implement program "demonstration school construction college takes a task as the center, the guiding ideology to the project as the main course" of curriculum reform, according to professional training objectives and requirements, combined with relevant professional occupation characteristics, through the employment of students work task analysis, taking into account the following course requirements, the teaching content of this curriculum is divided into 15 projects, see table 2-1. In each project are clear of the teaching content and the objectives and requirements, and in accordance with the requirements of each teaching contents and objectives are designed activity content and the number of hours. Through the emotional, simulation and training, so that students can master the basic knowledge and cultivate their occupation ability, thus realize the butt joint teaching and student employment.
Table 2-1: course content decomposition module
Serial numberProject nameHours
1Administrative law review3
2The subject of the administrative legal relation3
3Administrative act3
4The administrative legislation2
5Administrative law enforcement11
6The administration of Justice5
7Administrative procedures1
8Administrative compensation4
9The outline of Administrative Procedure Law2
10The scope of administrative litigation and jurisdiction2
11Participants in administrative proceedings2
12Administrative litigation evidence4
13The procedure of administrative litigation1
14The judgment, ruling or decision3
15In class training20
Maneuver2
Total68

The third part teaching projects and goals
A general goal, teaching
(a) knowledge
The concept and characteristics of 1. control, the adjustment object of administrative law; knowledge of the origin, the classification of administrative law and the legal system of the status and role; master the principles of administrative law and the administrative rationality principle.
The concept of 2. master of administrative subject; master the administrative subject type; grasp the difference between administrative authority and administrative entrustment concept and two; understand the structure and system of our country administrative organ; master the concept and legal status of civil servants, to understand the relevant content of the civil servant law; to understand the concept of the administrative relative person and legal status.
The concept and characteristics of 3 Master of administrative act; master classification of concrete and abstract administrative acts, understand other classification of administrative action; constitutes master administrative act.
4 understand the concepts of administrative legislation, administrative legislation system, master the effectiveness; understand the formulation of administrative legislation and supervision;
5. grasp the concepts and characteristics of administrative license; to understand the basic principles of administrative license; administrative license set, master the implementation procedures; understand the supervision and inspection of the administrative license, the administrative license law knowledge; to grasp the concept and characteristics of administrative punishment; to understand the basic principle of administrative penalty; grasp the types of administrative punishment, grasp the procedure of administrative penalty understanding relevant content; the administrative punishment law and the law on Public Security Administration Punishments; grasp the compulsory administrative concept, characteristics, types; understand the other content of administrative enforcement, such as administrative supervision, administrative expropriation, administrative incentives, administrative, administrative contract.
6 grasp the concepts and characteristics of administrative reconsideration; review; to understand the basic principle of administrative reconsideration; master the administrative reconsideration jurisdiction and procedures of administrative reconsideration; master in person; grasp the types of administrative reconsideration decision.
7 understand the administrative procedure, administrative procedure law concept, characteristics, basic principles of administrative procedure and main system.
8 grasp the concepts and characteristics of administrative compensation, the scope of administrative compensation, the administrative compensation elements and principles of imputation; clarify the responsibility of administrative compensation exception, claimant and the organ liable for compensation administration compensation; master the administrative compensation procedure of administrative recoupment, understanding and our national compensation and calculation standard.
9 grasp the concepts and characteristics of administrative litigation, understand the legislative purpose of administrative procedural law, master the basic principle of administrative litigation.
10 grasp the scope of administrative litigation and jurisdiction of the.
The provisions of the 11 master of administrative litigation participants.
Species, 12 legal requirements to grasp the evidence in administrative litigation and its making method.
13 master of administrative proceedings.
14 master of administrative litigation judgment, type and application of rulings and decisions; learn how to applicable laws and regulations, rules and other normative documents in administrative litigation.
(two) the ability to target
1 zone between branch of political science and law and civil law, criminal law can be different; comprehensive application, analysis, the principles of administrative legality and rationality of;
2 preliminary analysis of a certain case whether the administrative case, who is the administrative body to distinguish cases, who is the opposite person to the administration;
The administrative behavior of 3 can distinguish between different kinds of;
4 to judge the validity of administrative legislation;
5 can apply for the administrative license; according to the illegal behavior of the administrative organ for supervision, relief; administrative penalties in accordance with the relevant procedures can be carried out; application, organization, held a hearing; to the relevant provisions of the draft of the administrative compulsion law full understanding;
6 can apply for administrative reconsideration, organization, to participate in the;
Understanding the 7 fully the important status and role of administrative procedure law in administrative law.
8 can determine the scope, the administrative compensation claimant, the organ liable for compensation; master the national compensation and calculation standard.
9 can use the knowledge to analyze the actual case, the settlement of administrative disputes, provide the basic legal support for the party.
10 belong to the scope of accepting cases of court which cases, and can determine which court accepts the case, which does not belong to the scope of accepting cases in court.
Analysis of 11 cases who can is the plaintiff who are accused of, or third people.
12 analysis and production practice of evidence.
Basic operation procedure 13 can grasp the procedure, can make the legal document (such as the basic of the indictment, pleading etc.).
14 to make judgments, rulings and decisions.
15 can grasp the basic law and business skills.

Two, teaching content, objectives and activities design
Serial numberProject nameContent and targetActivity designThe reference class
1Administrative law
Summary1 to understand the concept of administrative law, public administration and private administration to distinguish different;
Characteristics of the 2 master of administrative law;
3 understand the origin of administrative law;
4 to grasp the principle of administrative law.Activities:
Through the multimedia courseware and reading relevant information, to enable students to the concept, characteristic of administrative law has certain perceptual knowledge;
To understand the whole frame of administrative law through the chart.
Activity two:
Based on knowledge, students can master the origin of administrative law.
Activity three:
Let the students discuss the city traffic management measures case, discuss the specific application of the principle of administrative law, the legitimacy and rationality.3
2Administration
Law
Relationship
Subject1 understand the concept of administrative legal relationship;
Characteristics of the 2 master of the administrative legal relation;
3 to master the three elements of administrative legal relationship;
4 to master the concept of administrative subject;
5 master the administrative subject type;
6 Master administrative authorization and administrative principal differences;
Definition 7 grasp the scope of civil servants;Activities:
Using the Internet to search for relevant information, and the use of multimedia courseware, to enable students to have some sense of the administrative legal relation.
Activity two:
Through the comparison of the civil legal relationship analysis to enable students to understand the characteristics, the administrative legal relationship of the three elements.
Activity three:
Through the summary of knowledge, defining the qualification of administrative subject from several aspects of the standard, combined with case analysis and judgement; so that the students can visually understand the grasp of administrative subject knowledge;
Activity four:
Summarize the types of administrative subject from three aspects: central administrative subject, administrative subject and non government administrative subject through multimedia courseware, lists the various organs, institutions, organizations and administrative subject qualification;
Activity five:
Combined with the civil servant law introduced some of China's civil service system changes;3
3Administration
BehaviorThe concept and characteristics of 1 master of administrative act;  
Elements of 2 master of administrative act;
3 understand the classification of administrative act;
4 understand the contents of administrative act;
The legal elements of the 5 Master of administrative act;
The content of the validity of administrative act 6 master;Activities:
Through the knowledge structure analysis, designing forms, standards, name, features, to enable students to master the administrative behavior of each classifier to differentiate the significance of the content, to enable students to visually master this part of content;
Activity two:
Through the analysis of the case, the validity of administrative act together, effective, key grasp administrative failure content.
 3
4Administration
Legislation1 grasp the concepts of administrative legislation;
2 master of administrative legislation system;
3 understand the administrative legislation procedure;
4 to master the validity of administrative legislation;
5 understand the supervision of administrative legislation;Activities: through teaching, the legislative system of our country directly and vividly to students, and ask students to master the "on administrative legislation system";
Activity two:
The court had different sources of law inconsistent with how to apply case, to make the students master the methods of conflict resolution;
Activity three:
From two relevant aspects from the record, understand the supervision mechanism of administrative legislation;2
5Administration
Law enforcement1 master of administrative license, characteristics, scope definition, set permissions, implementing procedures;
2 understand the implementation main body, supervision and inspection of the administrative license;
3 master administrative punishment, setting, program;
4 understand the content of "Public Security Management Punishment Law";
5 grasp the concepts and characteristics of administrative enforcement;
6 types of administrative compulsory master;
7 understand the administrative law enforcement and other content;Activities:
 Through the design of the chart, with different colors in different regions, the outside of the circle of different meaning explanation of the scope of administrative license;
Activity two:
Combined with the administrative punishment law, adopt the method of comparative analysis of knowledge structure, comprehensive grasp of administrative permission set permissions;
Activity three:
The design of the corresponding case by case, let the students familiar with the permission of the relevant provisions of the hearing, the hearing system, familiar with;
Activity four:
Design of a number of cases, through case analysis and demonstration of the teacher, let the student carry on the administrative punishment, and understanding of the relevant content of administrative penalty.
Activity five:
Similarities and differences in the set, the implementation of the administrative punishment and administrative licensing system;
Activity six:
Let the students knowledge of the punishment of law and the law on administrative punishments combined overall grasp;
Activity seven:
Combined with the example of SARS period compulsory administrative measures, comprehensive control of administrative coercive measures of knowledge;11
6The administration of Justice1 understand the concept, the characteristic, the principle of administrative reconsideration
2 master of administrative reconsideration;
Jurisdiction over 3 administrative reconsideration of the master
4 understand the administrative reconsideration procedure
5 Master types of administrative reconsideration decisions;
 Activities:
Through "the story of Qiu Ju" movie playback, enable the student to have the sense of reconsideration system.
Activity two:
The train ticket prices during the transport during the Spring Festival screening and case analysis of events, to enable students to understand the scope of administrative reconsideration, the applicant and the respondent;
Activity three:
Display administrative reconsideration jurisdiction and procedures of the courseware, to let the student know the types of administrative reconsideration decision.5
7Administrative procedures1 understand the administrative procedure, administrative procedure law concept, characteristics;
2 basic principles of administrative procedure and main system control;Activities:
According to the relevant provisions of the draft of the administrative procedure act, to understand the main contents of the administrative procedure law of our country;
Activity two:
In contrast to other national system of administrative procedures;1
8Administration
Compensation1 grasp the concept of administrative compensation;
The difference between the 2 concepts and understanding of administrative compensation;
3 grasp the scope of administrative compensation;
4 Master Chief claimant for compensation, the administrative organ for compensatory obligations;
5 understand the administrative compensation procedure; grasp the state compensation way and calculation.
6 understand the content of judicial compensation;Activities:
Through the video data and text data Ma Dandan compensation cases, She Xianglin compensation cases playback, enable the student to have the sense of national compensation system, and understand the classification of national compensation.
Activity two:
Through the analysis of relevant cases, to enable students to understand the scope of state compensation, the compensation claimant and the organ liable for compensation;
Activity three:
Through the Ma Dandan awarded 74.66 yuan, let the students master the state compensation mode and calculating method4
9An overview of administrative litigation1To master the concept and characteristics of administrative litigation;
2Master the principles of administrative litigation;Activities: the case analysis of students in administrative litigation is a perceptual knowledge of what;
Activity two: and other litigation law basic principles;2
10The scope of administrative litigation and jurisdiction1Grasp the scope of accepting cases of administrative litigation;
2Master the administrative litigation jurisdiction;Activities: through case analysis to enable students to master what case court and the court which one, which the court does not accept the.2
11Participants in administrative proceedingsThe plaintiff, defendant and 1 master three qualifications, rights and obligations;
2 understand the joint actionActivity: make the students through the analysis of case in the hands of the actual cases in the who is the plaintiff, defendant and the three person.2
12Administrative litigation evidenceSpecies, 1 legal requirements to understand the evidence in administrative litigation and its making method;
2 according to the needs of the case to make their own evidence.Activities:
The application of multimedia courseware through the case teaching to enable students to species, evidence in the administrative litigation law requirements and methods of making a correct understanding and grasp.
Activity two:
Through the actual case that the students understand the legal requirements, types of evidence in the administrative litigation evidence and format requirements, and can make the required evidence.4
13The procedure of administrative litigationEach link 1 understanding of administrative litigation proceedings;
2 master production related litigation documents requirements.Activities:
The procedure flow chart display, to enable students to understand all aspects of administrative procedure.
Activity two:
Through the administrative case trial video, emphasize the importance and necessity of the proof control trial.1
14Administrative litigation Award1 types of administrative litigation, mastering a second ruling and applicable conditions;
Scope 2 understand the ruling, decision.
3 Master of administrative case trial mandatory basis and selective basis;
4 understand the conflict of laws and legal documents;Activities: the provisions of the multimedia courseware teaching to make the students master the administrative procedure law on the law applicable to the.
Activity two: by the analysis of the case, and make students to grasp the rules and regulations the law applicable to the conflict in the analysis of activities, and solve the problems of application of law according to the case.
Activity three:
The application of multimedia courseware through the graph display, to enable students to type on the administrative litigation, the second ruling and applicable conditions of a perceptual knowledge.3
15Classroom
TrainingAll administrative law and administrative procedural content trainingThe correct application of the knowledge, independent, impartial handling of administrative disputes.20
 Maneuver2
 Total68

Three, ability training project design
No.Ability training project nameThe ability to achieve the objectiveSupporting knowledgeThe training method and the step Results (display)
1Application of the principle of administrative lawCan choose to support his argument according to the actual situation of the caseThe administrative legality and rationality principle1 exercises;
Analysis of 2 cases;Written assignments
2The administrative subjectTo determine whether the organization of administrative subject in the caseThe administrative subject concept, forms etc.Case analysisWritten assignments
3Classification of administrative actionTypes to distinguish administrative actFeature classification standard, meaning distinction, the difference between administrative behavior1 according to the case in administrative action;
According to different standards from 2 different nature of the administrative act;
3 combined administrative act by the case analysis, to solve the problem whether v..Written assignments
4Official dutiesThe relevant provisions of the civil service duties of masterThe relevant provisions of the Civil Servant Law1 set in some cases, such as the higher order executing illegal orders;
2 civil servants should be how to deal with, and the analysis of the different processing methods lead to assume the responsibility of different.To write a
Processing opinion
5Simulation of administrative punishmentAccording to the relevant provisions of the law on administrative punishments, make a written decision on the penalty investigation; simulation relative person refuses to accept relief.The relevant provisions of the administrative punishment law and specific laws and regulations1 set the scene, packet simulation and record;
Analysis of 2 actual business case;The administrative punishment cases
File
5Simulation of the administrative reconsiderationAccording to the relevant provisions of the law of administrative reconsideration application, to participate in the administrative reconsideration, make a reconsideration decision refuses to accept the reconsideration decision book; simulation to the relief of.The relevant provisions of the administrative reconsideration law and its implementation rules, laws of1 set the scene, packet simulation and record;
Analysis of 2 actual business case.The administrative reconsideration case
File
6Simulation of administrative compensationAccording to the relevant provisions of the state compensation law, the application in administrative compensation, make the decision on administrative compensation; simulation against compensation decisions to the relief of.The relevant provisions of the State Compensation Law and specific laws and regulationsThe 1 group play administrative compensation for the party;
2 according to the actual material steps involved in administrative compensation.The administrative compensation cases
File
7Simulation of administrative litigationCan use the knowledge for prosecution, defense, judicial and other proceedingsAdministrative law and administrative litigation law knowledgeAccording to the actual case, group play parties in administrative litigation, prosecution, defense, accepting the simulation trial, judgmentMaking the administrative record

 The fourth part suggestions
Suggested writing a textbook
(a) must outline according to the course textbook.
(two) materials should be curriculum design fully reflects the task, project oriented, realize the teaching theory and practice integration.
Two, teaching evaluation and suggestion
(a) this course adopts the close combination of theory and practice teaching methods, teaching evaluation should highlight the process and module evaluation, comprehensive evaluation of student performance in listening and in operation.
(two) the implementation process often case analysis of middle school students in this course, should fully consider the individual's performance in the classroom and submit written homework evaluation.
(three) if the course the final arrangements for real or simulation training, the training project as an integrated module for evaluation, accounted for a higher proportion in the total. The project may refer to the table below for the evaluation.
Serial numberProject nameEvaluation of targetEvaluation methodsEvaluation
Score
1Administrative law reviewDistinguish between public administration and private administration, master the legitimacy and rationality principle contentVerbal or written test2
2The subject of the administrative legal relationCorrect identification of an organization is the administrative subjectVerbal or written test3
3Administrative actThe correct identification of a behavior is the administrative behavior and what kind of administrative behavior, and solve the problem whether v.Verbal or written test3
4The administrative legislationHow to master the law form and effect of subject of administrative legislation, the legislation of the, and can solve conflicts between the effectiveness of administrative normative documentsOral expression and written test1
5Administrative law enforcementCan distinguish what is administrative punishment, what is administrative enforcement, what is administrative license, proficient in punishment proceduresThe production of legal instruments corresponding15
6The administration of JusticeKnowledge of administrative reconsideration scope, participants, authority, trial procedure, the reconsideration decision  The production of legal instruments corresponding10
7Administrative proceduresTo grasp the specific content of administrative procedureVerbal or written homework1
8Administrative compensationKnowledge of administrative compensation elements, scope, procedure, calculation methodOral expression and written assignments6
9The outline of Administrative Procedure LawMaster the administrative litigation and other litigation is different, master the unique principle of administrative litigationOral or written form, case analysis1
10The scope of administrative litigation and jurisdictionCorrectly grasp the court of administrative case jurisdiction and jurisdiction 3
11Participants in administrative proceedingsTo correctly determine the participants in the proceedings, and can complete the relevant documentsSimulation operation
 3
12Administrative litigation evidenceCan make evidence correctly according to the caseSimulation operation
Formative evaluation6
13Trial procedure in administrative proceedingsEach link to say the right of administrative procedure and can fill a variety of legal instrumentsOral expression
Simulation operation2
14
 Administrative litigation judgment
 To correctly apply the law to solve practical problems;
To the correct use of a trial type, and making judgmentsOral expression
Simulation operation4
15Simulation trainingEvaluation of student unity and coordination ability; evaluation of master degree students knowledge learned; correct evaluation of students to solve problems.Simulation operation
Summative evaluation40
He              Meter100

Explain.
1 formative evaluation, evaluation in the process of teaching on the learning attitude, operation and practice results of; summary evaluation, is in the teaching module at the end of each group of students, evaluation of the final solution actual problem. Module evaluation with formative and summative evaluation, generally use the score 7:3 way.
2 this course according to percentile evaluation, 60 points for qualified.
The fifth part teaching reference book
1 Jiang Mingan editor, "administrative law and administrative procedure law", Peking University press, higher education press, 2003 edition.
2 party as editor in chief, "administrative law and administrative procedure law", China University of Political Science and Law press, 1999 edition.
3 the king Mincan editor, "administrative law", Law Press, 1983 edition.
4 editor in chief Luo Haocai, "administrative law", Peking University press, 1996 edition.
5 Wang Lianchang editor, "administrative law", Sichuan people's publishing house, 1993 edition.
6 Zhang Shuyi, Fang Yan editor, Chinese "administrative law", China University of Political Science and Law press, 1989 edition.
7 Beijing editor, "administrative law tutorial", China University of Political Science and Law press, 1988 edition.
8 Jiang Mingan, Wang Dianquan editor, "administrative case analysis", Chinese People's Public Security University press, 1989 edition.
Jiang Yong, 9, "the typical administrative case analysis", publishing house of law, 1999 edition.
   10 Zhang Zhengzhao editor, "administrative law and administrative procedure law", Renmin University of China press, 2005 edition.