Traditional Culture Encyclopedia - Traditional customs - What is an administrative act?
What is an administrative act?
A specific administrative act refers to a unilateral act of a state administrative organ, an organization authorized by laws and regulations, an organization entrusted by an administrative organ, and the staff of these organizations in administrative activities, aiming at a specific citizen, legal person or other organization, and aiming at a specific specific specific matter, involving the rights and obligations of the citizen, legal person or other organization. Specific administrative acts can be divided into: (1) administrative punishment. That is, the legal sanctions given by specific state administrative organs to offenders whose illegal acts have not yet constituted a crime. Such as administrative detention, fines, revocation of business licenses, confiscation, etc. (2) Administrative inspection. That is, the administrative subject has a unilateral understanding of the law-abiding situation of the administrative counterpart. Such as customs inspection, tax inspection, health and epidemic prevention inspection, etc. (3) Administrative license. That is, according to the application of the counterpart, the administrative organ gives the counterpart the right and qualification to engage in certain activities generally permitted by law. Such as issuing permits or licenses. (4) Administrative compulsion. That is, the administrative organ forces the administrative counterpart to perform certain obligations according to law. Such as sealing up, detaining and freezing. Abstract administrative behavior refers to the behavior of administrative subjects to formulate and publish behavior rules with universal significance. The result of administrative subject's implementation of abstract administrative behavior is the emergence of administrative regulations. Administrative behavior is divided into: (1) binding behavior, that is, laws and regulations have made detailed and specific provisions on the conditions, procedures and formalities for implementing administrative behavior, and administrative subjects can only implement administrative behavior in strict accordance with these provisions. (2) Discretionary behavior, that is, laws and regulations only provide principles or leave room for how to implement administrative actions. In addition to observing these provisions, administrative subjects must also decide administrative actions according to their own opinions. (3) Mandatory administrative acts, that is, administrative acts that can only be established in a specific way according to law. (4) Unwilling administrative behavior, that is, administrative behavior that can be established without a specific way. Although concrete administrative acts and abstract administrative acts belong to administrative acts. However, there are essential differences between them, which are as follows: (1) The subjects who implement administrative actions are different. The main body of implementing specific administrative acts is the administrative organs at all levels and their entrusted organizations; The main body of implementing abstract administrative acts can only be the highest administrative organ of the state and local legislatures at all levels. (2) The specific administrative act can cause administrative litigation; However, abstract administrative actions cannot cause administrative litigation.
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