Administrative law form

 

        Forms of administrative law

  The 1 constitution

The constitution is the fundamental law of the state, has the highest legal effect, is the legislative basis. In the constitution of the administrative power, the exercise and supervision regulations have fundamental problems, laid the foundation of the administrative law, therefore, the constitution is the fundamental forms of administrative law. The norms of the administrative law the constitution include:

(1) the basic principle source of national administrative power and the exercise of power;

(2) the administrative organ legal status in national institutions and administrative system;

(3) administrative agencies, authority and responsibility;

(4) the provisions of citizens' basic rights and their protection.

 

  The 2 Law

The law refers to the formulation of the National People's Congress and its Standing Committee of the basic law and the law. The law relates to administrative power, and get exercise to regulate the supervision and remedy for administrative law. The law is the main form of administrative law.

(1) the set and scope of administrative law. If the organic law of the State Council, the local people's congresses and local people's governments at all levels organization law (hereinafter referred to as the local organization law).

(2) on the exercise of executive power and the law. Such as administrative punishment law, regulations on administrative penalties for public security, tax collection and management law etc..

(3) on the supervision and the injured people to remedy the legal exercise of administrative power. As the administrative supervision law, audit law, the law of administrative reconsideration, administrative litigation, the state compensation law.

 

  3The administrative regulations

Administrative regulations refers to the State Council for the leadership and management of the national administrative work, according to the Constitution and the law, administrative regulations in accordance with the general procedure for the formulation of politics, economy, education, science, culture, foreign affairs and other kinds of regulations. Because the legal provisions on administrative power is often compared, abstract principle, which also requires further specific by administrative organs. One of the main form of administrative rules and laws is the specific content of the.

 

  4 local laws and regulations

Local regulations refers to the local people's Congress and its Standing Committee of province, autonomous region, municipality directly under the central government and municipalities according to the actual needs, formulate normative documents enacted in the premise that does not conflict with the constitution, laws, administrative rules and regulations.

 

  The 5 national autonomous regulations and separate regulations

National autonomous regulations and separate regulations refers to the people's congresses of the autonomous areas in accordance with the provisions of the constitution, the law on regional national autonomy and other laws and privileges, normative documents according to the characteristics of the local ethnic political, economic and cultural development. Form shall be the autonomy regulations and specific regulations of administrative law and administrative law.

 

  6 administrative regulations

Regulations is divided into administrative rules and local regulations. Department regulations refers to the various departments and agencies directly under the administrative functions of the accounted for according to laws and administrative regulations of the State Council, decisions, orders, in this Department authority in accordance with the general regulations of the procedure. The regulations refer to normative documents of the people's governments of provinces, autonomous regions, municipalities directly under the central government and the larger cities are formulated in accordance with the laws, administrative regulations, local laws and regulations are generally applicable to the administrative work of the local area. According to the administrative rules is an important administrative activities, their number, applicable scope, the use of high frequency of the administrative law Junju form first.

 

  7 other forms of administrative law

In addition to the above 6 kinds of forms of administrative law, international treaties, jointly issued legal interpretations and administrative organs and parties, mass organizations, administrative regulations, rules and other normative documents, but also the form of administrative law.