"Administrative law and administrative procedure law" to reflect the operation of two reference answer

A 1993 year in March 28th, Lee and......... 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 Township People's government 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. 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 behavior.

Two 1996 year in May 15th, Wu from Changde city to Shaoguan....... Make a decision to 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 said, the...... Therefore the decision: cancel nine km 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.

Three 1994 year in September, Tian was admitted to University of Science and Technology Beijing, undergraduate student. In February 29, 1996, Tian,...... 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: 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.

"Administrative law and administrative procedure law" to reflect the operation of three reference answer

A fill in the blanks
Exercise 1 administrative license, shall be subject to the (administrative counterpart) application as the premise.

2 administrative subject enjoys national administrative power, administrative activities (organization).

3 is different according to the areas under the jurisdiction of administrative organs, can be divided into (central) administrative organs and administrative organs (local).
4 the same 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

8 administrative 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).

The two choice

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 body

C 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

D C the right to administrative jurisdiction of administrative guidance

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).

The A parties decided to the people's court may appeal to the parties are not allowed to B, 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.

 The three term 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
Four short answer questions

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

The five essay questions
Discussed 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....... In 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.

 

"Administrative law and administrative procedure law" to reflect the operation of four part of the reference answer
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 principles of 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 executive B C external administrative legal relationship of administrative relationship between 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

5 administrative revocation decision a (A BD) and other forms of.

A decision revoke all B decision reversed in part

C decision is not legal subject qualification D decision to withdraw and enjoin the defendant to undertake a specific administrative act revoked

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 suspension of 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

C 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
C 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

The three term 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

Four short 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

The five essay questions

The lawful essentials of Administrative Act 1

The seventy-fifth page
2 administrative main body to assume administrative responsibility way
Page 196-197

Analysis of six cases

One a year ago after being laid off,...... No agreement is reached, 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

Note: the above answer is for reference only, if there are different views, can communication