Job 1, students complete their own independent, all small paper not to write, record of zero.
Job 2
AIn March 28, 1993, Lee and the one 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?
The main body of the case of administrative behavior is the forestry bureau.
Key to the case law "the competent forestry department or its authorized units" in the authorized units what its meaning where? Because whether to authorize the consequences are different, if authorized, by an organization authorized to assume responsibility; if belong to the principal, it made the "authorized" organization responsibility. It is clear, authorization must be legal, regulations mandate, the administrative organ authorized only as a client, not in the sense of administrative law authorization. This case is only the nominal head of the delegation, and its essence is the principal. Therefore, the administrative body of the case is the forestry bureau.
TwoIn 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.
In the case of police administrative law administrative qualifications. The police have warned the power. The police station is in the name of an admonitory punishment. The police station can independently undertake the legal liability arising out of acts. To sum up, the police station has the qualification of subject of administrative law.
ThreeIn 1994 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.
Questions: 1University of Science and Technology Beijing dropout disposition made whether it belongs to the scope of administrative litigation?
2The court to order the defendant to perform a series of specific content in particular term obligations is a violation of the right of administration?
3The request and make a compensation for the plaintiff asked why Tian apology was rejected?
Answer: the 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 college students, achievement qualification, meet the graduation requirements. Yet 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 provisions of Article 11 of the people's Republic of China administrative procedure law, should belong to the administrative litigation cases.
No violation of administrative power. 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 the case of University of Science and Technology Beijing in a certain period of time a diploma, bachelor's degree in management audit, sending card, belonging to act in accordance with the law, no violation of administrative power.
Request for administrative compensation, should accord with the regulations of the people's Republic of China State Compensation Law Third, article 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
AFill in the blanks
1The exercise of administrative license, shall be subject to the (administrative counterpart) application as the premise.
2The administrative subject enjoys the national administrative power, administrative activities (organization).
3According to the different areas under the jurisdiction of administrative organs, can be divided into (central) administrative organs and administrative organs (local).
4Civil authorities with their behavior according to the characteristics of their behavior to confirm: belongs to a vertical management behavior (Public Affairs), with equality behavior is generally (Civil).
5From 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 (the maintenance decision) and (according to).
TwoMultiple choice questions
1 in the administrative legal relationship between the parties. (AB).
A the other party can not be lessB there will be a party is the administrative main body
C there will be a party is the state administrative organsThe 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 GovernmentB police station
C Street OfficeD Public Security Bureau legal department
3 the following, do not belong to the administrative authority's (D).
A power of administrative punishmentB the authority of administrative reconsideration
C administrative leadershipD 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 obviouslyInjustice. This behavior belongs to (BD).
AThe different situation, the same punishmentB the same situation, different punishment.
C violationsD 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 OfficeB County Public Security Bureau
C County People's GovernmentD 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 defendantB plaintiff's residence
C the public security organs locatedThe 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 similarThe B and similar
CThe coreD LED
8 the third party in the administrative litigation include (ABD).
A plaintiffB accused
The C agentD third
The 9 main legal relation of administrative litigation mainly (BC).
A people's courtB participants in the proceedings
C participants in the proceedingsD people's Procuratorate
10 once the decision shall have legal effect, (A).
AThe parties decide 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.
ThreeNoun explanation
1 administrative law fact
The book of eighth pages
The 2 qualification license
The book of ninetieth pages
3 wants the type administrative behavior
The book of seventieth pages
4 improper administration
The book of 195th pages
FourShort answer questions
1 the administrative law form
The book of tenth pages
2 the characteristics of administrative license
The book of eighty-eighth pages
3 main ways that the general administrative supervision
The book of 184th pages
FiveTo discuss the problem
The 1 discusses the characteristics of administrative subject
The book of twenty-fourth pages
2 discusses the compensation system and compensation system
The book of 249th pages
Analysis of six cases
In April 29, 2000, a test in, open examination about 30 minutes later, the invigilator find one from the public security system of female candidates take data copy. The invigilator to remind not copied. The candidates still continue to copy, but the invigilating teacher confiscated the information. But soon the candidates took out a data copy, the invigilator in several times to remind the invalid situation, seized her, and was told her: "you this exam treatment" to zero, the candidates have no objection. Taking into account the candidates only two will get the diploma. Therefore, after the test County taught to study the decision, only to report the examination room registration form on the registration of the candidates "entrainment data, and proposed to give lighter punishment", the test subjectsZero. The candidate receiving this punishment decision may, June 6th, the county government to write a "administrative reconsideration", think the invigilator is false, the results should be regarded as qualified. Requirements Zikao Ban public apology, and pay the compensation for spiritual damage. The present government after an investigation, the higher education self-study exam should be fraud of the candidates and other violations of rules of examination behavior punishment right should belong to the provincial examination committee, county taught as a zero on the applicant's decisions cannot be authority. According to this, the county government to withdraw the decision Zikao Ban, reported to the municipal Zikao Ban made a decision: according to the "Provisional Regulations" the relevant provisions of self-study examination of higher education and the "rules" for reference, the candidates of the examination should be based on the zero point, stop for two years. The candidate is still not satisfied, on 21 July City Hall for administrative reconsideration, September 23rd, the government of a city by the Legislative Affairs Office to cancel a Zikao Ban decision.
Problem: the combination of knowledge of the case should be to which the authority for administrative reconsideration organ?
Answer: the 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 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
A 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.
The 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 (B).
A B administrative relationship of administrative legal relationship
C external administrative relation of D relationship of administrative management
3 the following four options, its potency rank from high to low are: (ACBD).
A law B the local laws and regulations
C administrative rules and 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
5Administrative litigation judgment for rescinding a (ASeveral forms of BD).
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
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 rulingB to stop the execution of the ruling
C ruled on whether or not the implementation by the parties to decideD 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 litemB withdrawal
C application for withdrawalD 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 AB the reconsideration organ
C application for withdrawalD 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 changeB administrative legal relation object changes
C administrative legal relation alteration of the contentDestroy 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 legislationB authorized legislation
The implementation of C Regulations LegislationD authority legislation
ThreeNoun explanation
1 the state administrative organs
The book of thirtieth pages
2 administrative license
The eighty-eighth page
3 administrative penalties
The 150th page
4 administrative litigation
The 265th page
FourShort answer questions
1 the division of individual behavior and institution behavior standard
The fiftieth page
2 the difference between the entrusted organization and authorized organization
The fifty-eighth page
3 the legal characteristics of administrative litigation plaintiff
The 295th page
FiveTo discuss the problem
1 on the administrativeThe legal elements of behavior
The seventy-fifth page
2 administrative main body to assume administrative responsibility way
196th - 197
Analysis of six cases
A year ago after being laid off, running a tobacco and non-staple food shop at home. One morning a just open the door, a staff member and the Wang came in, that is to buy a high-grade cigarette, the man took a cigarette, let him pay, Wang refused to. Therefore, two people tore play up, finally both sides were injured, one injury heavier. After the event, and the person in charge of the mediation, let Wang paid a money, medical expenses each bear. They make a sign the mediation agreement, a business where that favor Wang did not sign. Who knew this thing dragged on for two months, one to business, they do not avoid seeing, is also not a good negotiation, one does not know how to do?
Problem: the combination of knowledge analysis in this case a defendant can industrial and commercial administrative litigation?
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 conflict with a payment, civil disputes and Wang Mou unit independent. So this is a case of civil cases. The administrative legal relationship between them is not the management and the management, not the administrative case, can not be industrial and commercial administrative proceedings for the defendant.