Homework 1 (the answer)

　　　　

1, combined with the actual work, use the basic principles of administrative law in practice. 　　　　

   Answer: the basic principles of administrative law is universal, basic, its particularity, it should be able to reflect the essential characteristics of administrative law is different from the other laws. 

   Mainly displays in: (1) the basic principles of administrative law is to regulate the administrative law basis (2) when the specific norms of administrative law is not clear or not the provisions of the circumstances, the basic principles of administrative organ may directly apply to the administrative law, also can make the interpretation of the law according to the basic principles of administrative law. 　　　　

2, how to determine whether an organization can become the administrative subject? (to illustrate)

   Answer: "administrative", refers to the enjoyment of national administrative power, in the name of administrative management to their activities, and independent legal bear the resulting liability organization

   A. Administrative subject is enjoys the national administrative power, the implementation of the administrative activities of the organization

Not all organizations can become the subject of administration, only exercising national administrative power of the organization to become the subject of administration. Administrative organs of the state administrative authority with constitution, organizational law, it can become the subject of administration; business organizations and social groups of non specifically authorized by laws and regulations, not exercising national administrative rights and implementation administrative behavior, thus does not have the qualification of administrative subject

    Two. The administrative subject to exercise administrative power in its own name

Whether on their own behalf the implementation of management is to decide an administrative organ or the administrative subject standard. For example, the entrusted organization while within the authorized scope can also exercise the national administrative power, the implementation of certain administrative behavior, but they are not implemented in its own name, but in the name of entrust its administrative implementation, so the entrusted organization does not belong to the administrative subject

   Three. The administrative body is able to independently undertake the legal liability of the organization

Whether an organization is the administrative main body some activity, important criteria is to see whether bear the responsibility of administrative activities, if only the implementation of the administrative activities, but not burden resulting liability, then, the organization is not the administrative main body. As a social organization entrusted by the administrative organ in official activities, but does not assume the responsibility, the responsibility borne by the client of administrative organs, social groups is not entrusted with administrative subject, subject can only be entrusted by the administrative organs. Moreover the administrative authority to exercise by civil servants, but the civil servant's duty behavior, not by its own foreign legal liability in administrative litigation, civil servants can not be used as the respondents. Post behavior of civil service, undertake the responsibility by the administrative organs of foreign, in administrative proceedings, by the authority as a defendant respondent. Therefore, civil servants are not administrative body

   Four. The administrative body in general by the administrative organs and the authorized by the law or regulations, the organization when

The administrative subject is mainly served by the administrative organ, but is not limited to the administrative organ, legal, regulations authorize some non social organization, the administrative organ to exercise an administrative authority, the implementation of certain administrative behavior, the organization that has administrative position

In the administrative law, the administrative subject is to enjoy the administrative powers have emerged, the administrative authority for administrative institute, therefore, the administrative organ is the main administrative body of administrative power, but does not constitute a monopoly. In many cases, non administrative organs of the social groups may also have executive powers, with the administrative subject in administrative law. Especially in the modern society, the expansion of the scope of State Administration, the public function expansion, many things authorized to non administrative organ of social organization, which by law, regulations and get authorization of administrative subject position

Due to the wide range of administrative activity and complexity, an administrative affairs by the social organization and management of non administrative organs of the situation there are many, such as health and epidemic prevention station and food hygiene supervision station are not authorized by administrative organs, "Food Sanitation Law", they can exercise the powers of supervision and inspection of food hygiene and the violation of food health law of administrative punishment

 

Which is the way 3, administrative remedy? (to illustrate)

   Answer: there are two main ways of administrative remedy, remedy, administrative remedy and judicial organs. 　　　　

Administrative litigation must comply with:

  (1) litigation request management relative side must be that specific administrative behaviors directly infringed upon their legitimate rights and interests of citizens, legal persons or other organizations. 　　　　

  (2) the object is the administrative subject to exercise state administrative authority, the administrative body that has made the specific administrative act. 　　　　

  (3) must be legal, laws and regulations stipulate the administrative relative party can sue to people court administrative dispute. 　　　　

  (4) shall be charged in a people's court within the statutory time limit of jurisdiction. 　　　　

　　　　

                               Job 2

　　

A, March 28, 1993, Li and a close went fishing by the river, after the two home. The road didn't walk far, Lee changed his mind, on Guan Mou says, rather than to the main river to catch fish, a close agree, two people back to main river. In the woods, two people into play. The play in the two person has smoked, and play play the match game. In walked out of the forest, a see the trees have a team of Bacillus, which struck the match will hay point. The flames rise rapidly, and spread to the woods. Two people hurried to beat, but because the fire burned more, failed to put out, two people left the scene and ran home. The city forestry bureau, according to "the people's Republic of China forest fire prevention regulations", a township people's government for the plaintiff, with Lee and turn a set fire to the Orchard Village Township Forest 50 mu, causing economic losses amounting to 4000 yuan on the grounds, made the decision on punishment in April 3, 1993: on a fine of 500 yuan, and its compensation the economic loss of 2500 yuan, make Lee 1500 yuan compensation for economic losses. Not satisfied with the decision on punishment of Lee, bring a lawsuit to a people's court. Q: the use of the knowledge of the case who is the subject of administrative action?

   Answer: the executive power is the non legal direct authorization behavior, only authorized directly in the laws and regulations of the state, the authorized institution with the qualification of administrative subject, the implementation of the main administrative behavior is a township people's government, but the specific administrative act is the main body responsible for city forestry bureau.
   Township People's government is the main administrative behavior. On the basis of "forest fire prevention regulations" of the people's Republic of China, authorized the township government, Township People's government belongs to the organization authorized, authorized organization shall have the legal, regulations granted specific administrative functions and powers, which belongs to the administrative subject. The Township People's Government of the people's Republic of China on the basis of "forest fire prevention regulations" has the power to punish, in its own name the exercise of punishment, can independently undertake the legal liability arising out of acts, is the subject of administrative action

　　　　

Two, May 15, 1996, Wu from Changde city to Shaoguan. The next day morning two when make, Wu to live in Shaoguan's aunt, the aunt and Wang residence belonging to two adjacent buildings. The night Wu mistook the fifth buildings that are fourth buildings, Wu went to Wang Mou doorstep, then use the key to open the king aunt to the door, opened about three minutes, the door will not open. The sleeping king a couple is to open the door awakened, thought there were thieves, they took a scraper to open the door. He heard no sound room. Later, Liu opened the door found Wu wear coat stood in the doorway, holding a long strip, (as newspapers) with triangular scraper to Wu stab, Wu Youjian injured, was sent to the hospital for medical treatment to expend 996 yuan, by the Shaoguan Municipal Public Security Bureau identified slight injury. On the second day of hospitalization of Wu, Liu went to the hospital to visit, and to Wu Daoqian. Nine km station after investigation, forensics, ask the party after May 25th, more make the public security management punishment award, while the behavior of others to Liu warning punishment, ruling that Liu compensation Wu 1000 yuan, the burden of medical costs 996 yuan. Liu refuses to accept the two award, Shaoguan City Public Security Bureau to apply for administrative reconsideration, the Shaoguan Municipal Public Security Bureau after the reconsideration decision, maintain the original ruling nine km station, Liu is still not satisfied, filed a lawsuit in a certain district of Shaoguan City People's court.

   Liu Mousu says, its behavior is not intentional assault, Wu false door also has fault, the special environment at that time that Wu is the thief and accidental injury, can give the civil compensation, and should not be subject to public security penalties, administrative penalties the unjust verdict. Arguing that the defendant nine km station, Liu knife wounding, in violation of the relevant provisions of the regulations on administrative penalties for public security, shall be subject to administrative punishment. The court trial think, Wu in the middle of the night to stagger the door, heard in the house there is movement, and did not use the correct method of the door, the plaintiff in the mental strain conditions with tool knife injury self-defense Wu, although their actions caused by Wu slight injury, but has no subjective intent to violate the administration of public security it is not a violation, the object of the regulations on administrative penalties for public security, which made the punishment decision: not, therefore withdraw nine kilometers police station public security management punishment book and compensation for losses, the burden of medical costs award. Problem: the use of the knowledge of the police station in this case subject qualification in administrative.

   Answer: the police station in this case has the administrative law on administrative qualifications. The police have warned power. Police give warning punishment in his own name. The police station can independently undertake the legal liability arising out of acts. In conclusion, the police station has the qualification of subject of administrative law. does not suit to the establishment of the agency or the Department of the local people's government at the corresponding level of the Department to apply for administrative reconsideration. 　

　　　

Three.1994 year in September, Tian was admitted to University of Science and Technology Beijing, undergraduate student. In February 29, 1996, Tian in electromagnetics course examination process, carry have notes written electromagnetism formula and is found. In March 5th the same year, the University of Science and Technology Beijing found Tianmou behavior is cheating, decided to drop out of treatment according to Tian, and in April 10th issued a notice of the student status changes. However, University of Science and Technology Beijing does not directly to the Tian announced sanctions and delivery status notification change, also did not give the field a check-out procedures. Other activities to Tian went to University of Science and Technology Beijing students participate in learning and school organization normal, University of Science and Technology Beijing also annually for Tian pay education expenses, and Tian, granting subsidies, registered students arrange their graduation design. Tian at University of Science and Technology Beijing for 4 years of the study, results are all qualified, and obtain excellent graduation thesis. In 1998 graduated from the University of Science and Technology Beijing thinks the occasion, Tian has been dropping out of school, the school has been cancelled, does not have the university graduation requirements, refused to give Tian to issue the diploma, degree certificate, apply for graduation dispatch formalities. Tian defiant and bring an administrative lawsuit to the people's Court of Haidian District, University of Science and Technology Beijing, awarded for their graduation certificate, degree certificate, apply a dispatch procedures, compensation for economic loss of 3000 yuan and a public apology in the school newspaper. Beijing Haidian District people's court in February 14, 1999 verdict: the University of Science and Technology Beijing called the school degree evaluation committee Tian bachelor degree qualifications in the field within 30 days of a awarded diplomas, 60 days, 30 days for the dispatch formalities, dismissed the plaintiff Tian's other claims. After the first trial, University of Science and Technology Beijing to the Beijing first intermediate people's Court of appeal, in April 26, 1999, the Beijing first intermediate people's court rejected the appeal of University of Science and Technology Beijing, to maintain the first instance judgment. Question: 1 University of Science and Technology Beijing dropout disposition made whether it belongs to the scope of administrative litigation? 2 the court to order the defendant to perform a series of specific content in particular term obligations is a violation of the right of administration? The request and make a compensation for the plaintiff asked why 3 Tian apology was rejected?

   Answer: 1, University of Science and Technology Beijing does not directly to the Tian announced the punishment decision and to change status notification, also did not give the field a check-out procedures, procedures of punishment does not conform to the law, and an annual fee of Tian education fee and a series of acts, that Tian is still in university students, achievement qualification, meet the graduation requirements. However, the University of Science and Technology Beijing do not perform their statutory duties, not to issue the diploma, degree certificate, sending card, according to the "administrative litigation law of the people's Republic of China" the eleventh regulation, should belong to the administrative litigation cases
    2, no violation of executive power. The administrative procedure law stipulates that the fifty-fourth "the defendant fails to perform or delays performing statutory duties, the judgement of the performance in a certain period of time." in this case requirements of University of Science and Technology Beijing in a certain period of time a diploma, bachelor's degree in management audit, sending card, which belongs to the law, no violation of administrative power
     3, request for administrative compensation, the people's Republic of China shall be in accordance with the "State Compensation Law" article third, the provisions of fourth, which should belong to the scope of administrative compensation. This case is not a diploma, degree certificate, send a card, do not belong to the scope of administrative compensation, so the Tian compensation request was rejected

　　　　

                                  Job 3

　　　

A, to fill in the blanks:

Exercise 1 administrative license, shall be subject to the (administrative counterpart) application as the premise.
2 administrative subject enjoys the national administrative power, administrative activities (organization).
3 according to the regional administrative organs under the jurisdiction of different, can be divided into (central) administrative organs and administrative organs (local).

Civil behavior of 4 office with the official acts according to the characteristics of their behavior to confirm: belongs to a vertical management behavior (Public Affairs), with equality behavior is generally (Civil).
5 from a legal sense, the two principles of administrative legislation must be followed: (democracy) (efficiency)

Take 6 administrative reconsideration principle (written) to review the way.
7 citizens, legal persons or other organizations think that the specific administrative acts infringe upon their lawful rights and interests, can know the specific administrative acts of the day (60) put forward the administrative reconsideration days.
8Administrative compensation liability is (damages).

9 (administrative tort) is the primary condition of administrative compensation.
10 administrative litigation participants including (administrative proceedings) and (agent).
The 11 parties have different names in different procedures. In the second trial procedure, called (the appellant) and (appellee).

12 after review, the people's court that the prosecution of compliance with the statutory conditions, should be in the (7) days put on record, and inform the plaintiff.
13 people's court in the trial of administrative cases, mediation is not to go through judicial procedure and litigation. However, (administrative compensation) can apply conciliation proceedings.

14 administrative decision is divided into (a trial) and (the second instance verdict).

Two, choose:

1 in the administrative legal relationship between the parties. (AB).

 A the other party can not be less B there will be a party is the administrative main bodyC there will be a party is the state administrative organs The relationship of rights and obligations is equal to D

2 the following, does not have the qualification of administrative subject is (D).

 A Township People's Government  B police station      C Street Office    D Public Security Bureau legal department

3 the following, do not belong to the administrative authority's (D).
 A power of administrative punishment   B the authority of administrative reconsideration    C administrative leadership        D administrative jurisdiction
4 Party B two people of the illegal facts and circumstances of the same, but the public security organ to a detention ruling, while the B only a fine of 50 yuan, which is obviously unfair. This behavior belongs to (BD).
 A is different, the same punishment   B the same situation, different punishment  C violations D violates the fair procedure.
5 Li is the security cadres County Office, was seconded to the County Public Security Bureau, in a mission in the illegal deprivation of a secondment, personal freedom. Here, (B) is the administrative organ for compensatory obligations.
 A County Office           B County Public Security Bureau        C County People's Government     D County Personnel Department
The mandatory administrative measures restricting freedom of the person of 6 suit against, the jurisdiction of the people's Court (AB).

 A where the defendant         B plaintiff's residence      C the public security organs located   The D option of the plaintiff
The agency 7 legal agent is based on parental authority or guardianship and produce, so the lawsuit in the lawsuit status (AB).

 The A and similar  The B and similar      C core       D LED
8 the third party in the administrative litigation include (ABD). 
 A plaintiff               B accused       The C agent      D third
The 9 main legal relation of administrative litigation mainly (BC).
 A people's court    B participants in the proceedings      C participants in the proceedings     D people's Procuratorate
10 once the decision shall have legal effect, (A).
 A parties decided to the people's court are not allowed to appeal
 B refuses to obey, have the right to decide on the date of 10 days to a higher people's Court of appeal.
 C refuses to obey, have the right to decide on the date of the people's court at the next higher level within 7 days to appeal.

  D refuses to obey, right on the receipt of the decision within 5 days from the date of a higher people's Court of appeal.

Terminology to explain three

1Administrative law fact: refers to that specified by the administrative legal norms can cause the phenomenon of administrative legal relationship, change or destroy or fact, referred to as the legal fact. 　　　　

2Licensing: is to allow it to enjoy a certain status or a license. 　　　　

3Wants the type administrative behavior: finger must according to legal means or must have the legal form to produce the legal consequences. 　　　　

4Improper administration: also called maladministration, refers to the administrative main body and the executive staff, administrative actions made during the execution of administrative management in the legal but unreasonable. 　　　　

Answer four

What are the 1 administrative law form? 　　　　

   Answer: administrative law consists of the following forms: (1) the constitution. The constitution is the fundamental law of the state, has the highest legal effect, is all the legislative basis. The norms of the administrative law contains the constitution of our country are: on the state administrative organs set, composition and basic powers, duties of the specification; activities on the basic principles of administrative organs of the specification; a citizen enjoys in the administrative legal relationship of rights and obligations of the specification. (2) the law. As the main source of administrative law, there are two types: one is all a law laws and regulations to standardize administrative law. The two is a law, only one part and an item belongs to the norms of the administrative law, the legal norms of other parts or articles belonging to other properties. (3) the administrative regulations and departmental rules. This is the most important source of administrative law, but the administrative regulations and departmental rules are not the norms of the administrative law, they can also be sources of law of other departments. (4) local regulations and local regulations, autonomous regulations and separate regulations. (5) the legal interpretation of administrative law. Including the legislative interpretation, judicial interpretation, administrative interpretation and explanation. In addition, the Chinese government signed the international treaty, join or recognized, and the Central Committee of the Communist Party and the State Council jointly issued a legal document, including administrative content is also the administrative law. 　　　　

Characteristics of 2 administrative licensing mainly has following several aspects: (1). The administrative license is according to administrative behavior of your application. (2). contents of the administrative license is usually prohibited activities. (3). The administrative license is a specific administrative action of the administrative subject to administrative relative party a legal qualification or legal rights. (4). administrative license is a kind of external administrative behavior. (5). The administrative license is a kind of administrative behavior

What is the main way of 3 general administrative supervision? 　　　　

  Answer: according to relevant laws in our country, the main way of administrative supervision at present are the following: (1) report. Listen to the report, review, is the main way to higher levels of government supervision and the lower government, governments at all levels to supervise the implementation of the work of departments. (2) the supervision and inspection of law enforcement. Law enforcement inspection has three categories: one is the comprehensive inspection and special inspection. Two separate inspection and examination. Three is the regular inspection and occasional inspection. (3) for examination and approval. The examination and approval is to monitor the main general administrative behavior, the supervision target specific administrative acts, such as the budget, final accounts, account books, statements and other review check and to determine the behaviour. (4) for the record. The filing is according to the requirements of the law or the administrative organ at a higher level, the supervision of the object will be other normative documents or some major administrative behavior of written materials submitted to superior administrative organ for understanding behavior. (5) the administrative reconsideration. The system of administrative reconsideration is an important institution of the people's governments at all levels and departments in the implementation of the administrative supervision of legal system. (6) punishment. Disciplinary action is divided into two kinds: one is the administrative organ for. Another is the administrative punishment for illegal organ or the person directly responsible leaders. 　　　　

Part five

Characteristics of 1 administrative body.

 (A) administrative subject enjoys national administrative power, the implementation of the administrative activities of the organization;
(two) the administrative subject to exercise administrative power in its own name, organization;
(three) the administrative main body is able to independently undertake the legal liability arising out of acts of the organization.　　

2 discusses the compensation system and compensation system

   Answer: recovery, is the national administrative compensation request to pay compensation, according to law shall be ordered to have the intent or gross negligence by the legal system of civil servants, commissioned by the organization and personnel to bear part or all of the compensation. Recovery system and the state compensation system is directly related to, recovery system itself is not at the same time, with the development of the state compensation, but the state compensation system is an important embodiment of perfect development. The organ liable for compensation shall be ordered to compensate for the losses, intentional or gross negligence of the personnel or the entrusted organization and individual bear part or all of the damages, responsible persons who have committed intentional or gross negligence, the relevant authorities shall be given administrative sanctions, which constitutes a crime, shall be investigated for criminal responsibility according to law. 　　　　

Six. Case analysis

   Administrative reconsideration law the twelfth regulation, refuses to accept the specific administrative acts of the local people's governments at or above the county level departments, selected by the applicant, to the level of government departments to apply for administrative reconsideration, it may apply to the competent department at a higher level for administrative reconsideration. According to this provision, since the office to decide punishment the candidates, candidates may apply to the Municipal People's government to apply for administrative reconsideration, may apply for administrative reconsideration to the provincial Zikao Wei

　　　　

                                  Job four:

　　　

First, fill in the blanks
1 administration refers to the administrative subject to exercise their functions and powers in the process, must bear (statutory obligations).
2 administrative office has four procedures: (selection) (appointed) (to) (appointment).
The 3 party in the administrative legal status through the administrative legal relations in the (right) and (Compulsory) show.

4 from a legal sense, the procedure of administrative legislation must follow two principles, one is the (democracy) two is (efficiency).
5 administrative contract concluded mainly bidding (auction) (offers) (direct consultations) etc..
6 according to the object of compulsory execution is divided into (of property) (behavior) (personal) three execution modes.
7 cases of administrative punishment by the (illegal acts took place) under the jurisdiction of the people's government at or above the county level shall have the power of administrative penalty of administrative organs.
8 specific forms of punishment with Shen ring (warning) and (criticism).

The imputation principle 9 administrative compensation mainly has: (fault liability principle); (of danger liability principle); illegal responsibility principle.

Two, choice
1 the following belongs to administrative behavior is (C).

A County Civil Affairs Bureau office building behavior
B County Civil Affairs Bureau prosecution construction company default behavior
C County Civil Affairs Bureau ultra vires illegal construction company behavior
D County Civil Affairs Bureau in accordance with the construction contract awards construction company behavior
The adjustment object of administrative law is 2 (ACD). `

A administrative relationship   B youC external administrative relation of administrative legal relationship  The D relationship of administrative management
3 the following four options, its potency rank from high to low are: (ACBD).

 A law    B local regulations   C administrative regulations    D rules
4 (ABCD) has the power to enact local laws and regulations.

A Province, autonomous region, municipality directly under the central government of the people's Congress and the Standing Committee of the NPC

B Special Economic Zone City National People's Congress and the Standing Committee of the NPC
C Province, autonomous regions where the Municipal People's Government of the people's Congress and the Standing Committee of the NPC
D major city approved by the State Council of the people's Congress and the Standing Committee of the NPC

5 administrative revocation decision a (A BD) and other forms of.
A decision revoke all                       B decision reversed in part
C decision to revoke the illegal subject qualification           D the decision to withdraw and enjoin the defendant to undertake a specific administrative act w
The 6 party refuses to accept the decision on property preservation, may apply for reconsideration once. During the period of reconsideration (A).  
A does not stop the execution of the ruling          B to stop the execution of the ruling
C ruled on whether or not the implementation by the parties to decide  D to suspend the execution of the ruling
7 in the legal relation of administrative litigation, the plaintiff is one of the litigation rights of specific (B).
A agent ad litem    B withdrawal      1C application for withdrawal          D appeal
8 after the reconsideration organ for reconsideration, the reconsideration organ to change the original specific administrative act, (B) the defendant.
The original organ and administrative organ of A   B the reconsideration organ, e&G wC application for withdrawal           D appeal
9 as a party to the administrative organ is merged into another administrative organ, belongs to the (A).
The A subject of administrative legal relationship change  B administrative legal relation object changes
C administrative legal relation alteration of the content  Destroy the D of administrative legal relationship
10 "the people's Republic of China Public Security Management Punishment Ordinance," the forty-fourth stipulation: "the measures for the implementation of punishment on violation of traffic management, shall be formulated separately by the State Council," genus (B).
A created legislation    B authorized legislation    The implementation of C Regulations Legislation  D authority legislation

Explanation three

The 1 organs of State Administration refers to a state of ruling class under the rule will, in accordance with the provisions of the Constitution and relevant laws, the exercise of state power, management organization of state administrative organs. 　　　　

2 Administrative License refers to the administrative subject according to the administrative opposite party application, in accordance with the relevant laws and regulations, through licensing, license or approval, registration, recognition mode, allowing it to engage in an activity, the exercise of a right, the specific administrative act to obtain a qualification and ability. 　　　　

3 administrative punishment is a specific administrative act of administrative subject to sanctions for violations of administrative law of the citizens, legal persons or other organizations

4 administrative litigation refers to the citizens, legal persons or other organizations think that the concrete administrative behavior infringe upon their legitimate rights and interests, according to legal procedures and requirements to the people's court, the people's court at parties and other participants in the proceedings of the specific administrative act, to hear and decide the activity. 　　　　

Answer four:

1 the division of individual behavior and institution behavior standard. 　　　　

Answer: the civil service act first can be divided into individual behavior and organization behavior. But the agency action may have two kinds: the authorities appear to "legal authority" identity, civil servants behavior belongs to the authority of civil behavior; if the authorities appear to public organ identity, civil behavior is belong to the public service act. There are three main division of individual behavior and organization behavior standards: (1) to make the conduct of civil servants by the authorities, which belongs to the agency action. On behalf of themselves belong to individual behavior; (2) the conduct of civil servants is made within the scope of his duties within the genus, agency action, if beyond the scope of duties, must be combined with the first and the third criteria of comprehensive identification; (3) the conduct of civil servants is the Executive organ of the command or entrust, whether organs or command principal is beyond the competence, shall belong to the agency action. Civil authorities with their behavior according to the characteristics of their behavior to confirm: having a longitudinal management behavior belonging to the business behavior, with equal compensation behavior is generally civil behavior. 　　　　

2 different organizations entrusted with authorized organization is what? 　　　　

Answer: the entrusted organization does not have the qualification of administrative subject, and authorized organization has. The specific classified as follows: (1) different nature. The entrusted organization does not have the legal authority given, not the administrative main body, administrative subject can only be entrusted with the name of the specific administrative act. While the authorized organizations enjoy legal regulations granted specific administrative functions and powers, which belongs to the administrative subject. (2) the according. The scope of authority, entrusted organization, only in accordance with the Administrative Commission of administrative subject, was awarded the qualification of administrative subject organization is conferred by law, regulations and. (3) the consequences of different. Legal responsibility entrusted organization behavior consequences borne by the administrative subject, administrative entrustment right. The authorized organizations for the consequences of their actions independently bear legal liability. 　　　　

The legal characteristics of 3 administrative litigation plaintiff. 　　　　

   Answer: one, that the specific administrative acts infringe upon their lawful rights and interests.

   Two, in their own name to the people's court.

   Three, the people's court restraint. 　　　　

Part five

The lawful essentials of administrative act 1. 　　　　

   Answer: the administrative action is the administrative subject to exercise the administrative power, make the legal effect of administrative action can be generated. Once established administrative behavior that has force, to determine the force, citrate binding, and execution, but this does not mean that the administrative behavior is the essence of legitimacy. Only when administrative behavior legal requirements, can be legally, thus obtaining positive evaluation. Generally speaking, the legal essentials of administrative act mainly includes:

   One is the main legal. The subject legitimacy refers to as the administrative organization must have the qualification of administrative subject, in its own name of an administrative behavior, and can independently bear legal liability. According to the provisions of laws and regulations of China, can become the administrative subject is the administrative organs or authorized law, regulations of the organization. Because the administrative behavior is usually carried out by the working staff of the administrative body, the staff should have the legal conditions, in order to ensure the validity of administrative act. In addition, the main legal in addition to the requirements of the actors must is the administrative main body, but also for the behavior must be in the scope of authority. If the administrative main body behavior beyond the scope of his authority, the behavior is illegal. 　　　　

   Two is the legal content. Legal requirements: (1) behavior have conclusive evidence, based on the facts sufficient. (2) have clear basis, correctly apply the laws, regulations, rules and other normative documents. (3) behavior must be fair, reasonable, conforms to the legislative purpose and the spirit of the legislation. 　　　　

   Three is the legal procedure. The program is the implementation of administrative action steps, time etc.. The behavior of the program is legal effect of the legitimacy of administrative behaviors of entities. Legal requirements: (1) the administrative procedure act in accordance with the basic principles and system of administrative procedure law, administrative behavior such as open, justice, efficiency principle, in order to ensure the implementation of the principle and function of information disclosure system, investigation system, establishment of the separation system, challenge system, adversary system, hearing system, file system, aging system etc.. (2) administrative action shall comply with the procedures and statutory sequence. As the first investigation of administrative punishment evidence ruling order not inverted, or illegal. 　　　　

2 administrative main body to assume administrative responsibility way

   Answer: the administrative responsibility refers to the administrative main body and the executive staff because of administrative illegal or improper, negative legal consequences of violating the legal responsibility and obligation and shall assume. The administrative liability are:

 (1) the subject of administrative responsibility is the administrative main body and the executive staff.

 (2) the administrative responsibility is the prerequisite of administrative illegal or improper administrative.

 (3) the administrative responsibility must be confirmed by the administrative law, is a kind of legal responsibility, and administrative responsibility and bear must be determined in accordance with the law.

 (4) assume administrative responsibility must have the subjective intent or negligence. 　　　　

   As one of the main administrative body of administrative liability of the administrative responsibilities of the method are: (1) Notice of criticism, which has the right to take authority in a certain range of a written form criticism measures. (2) make an apology, admitting mistakes. A matter that is the subject of administrative responsibility of administrative take itself to his regret measures. (3) restore reputation, eliminate the effect. That is a subject for administrative liability or other authorities within a certain range to take a certain way to take other remedial measures. (4) the return of equity, restitution. Take the illegal and improper deprivation of rights, infringement of property restoration measures. (5) to stop the illegal acts. (6) to revoke the illegal decision. (7) to revoke the illegal abstract administrative action. (8) to perform their duties. According to the subject of administrative omission to continue to perform the duties of a way. (9) to correct the improper. The improper administrative acts promptly corrected. (10) the administrative compensation. Because the administrative illegal and improper administration cause damage to the opposite party to give financial compensation. 　　　　

   Administrative execution of business personnel to undertake the administrative responsibility way: (1) Notice of criticism (2) make an apology, admitting mistakes (3) compensation, restitution (4) to stop the illegal acts (5) take economic sanctions (6) damages (7) (8) the administrative sanction

Six. Case analysis

   The first answer: no.. 　　　　

Between a and the king is a civil dispute, can Wang as the defendant filed a civil lawsuit. 　　　　

For a business with the main mediation of administrative mediation, administrative mediation behavior, generally do not affect the relative person rights and obligations, non actionable. 　　　　

   The second answer: business Wang moujia to alcohol and tobacco non-staple food outlets to buy cigarettes without payment and a fight. Wang's behavior is not in the business to make the name, but in the name of a person and a conflict. Wang's behavior has nothing to do with the performance of duties, Wang Mou to buy cigarettes do not pay conflict and the man, is a civil dispute and Wang Mou unit. So this is a case of civil cases. Both of them are not administrative legal relationship management and managed, not administrative cases, not business as the defendant bring an administrative lawsuit