The difference between administrative power and law enforcement power

Administration: the internal management of organs, enterprises and organizations exercising state power.

(1) classification

1. public administration (administrative law research): providing management and services for state and social affairs.

2. Management of internal affairs by organs, enterprises, institutions and social organizations.

(b) Administrative law has not existed since the birth of the country.

The research object of China's administrative law is the state administration in public management: the activities of administrative organs as state organs to exercise their functions and powers, implement laws and manage state and social affairs.

(3) Characteristics

1. Openness of purpose: administrative activities in administrative law must be aimed at realizing public interests and doing for public affairs.

2. The constancy of the theme

(1) The subject of administrative legal relationship has the characteristics of continuous production. One subject is an official (administrative organ) and the other is the people (administrative stakeholders).

(2) People's accusation: administrative reconsideration and administrative litigation.

3. Execution, standardization and initiative of behavior

(1) executive power: the basic feature of public administration is executive power, and administrative organs are responsible for implementing legislative provisions.

(2) Normality: Public power comes from private rights, which is the expression and transformation of private rights, and its purpose and value lies in protecting private rights.

(3) initiative

1 What is the biggest difference between administrative power and judicial power?

A. The operation of judicial power is generally passive, adhering to the principle of "don't sue and ignore".

B in most cases, the administrative power must take the initiative to complete the duties entrusted by law according to the changes and needs of the situation, otherwise it will bear the responsibility of dereliction of duty and inaction.

2. Reasonable discretion: The administrative organs must be given the necessary enforcement flexibility within the framework of legal principles.

(4) type

1. management mode

(1) Burden administration: the act of an administrative organ making citizens assume obligations.

(2) Beneficiary-granting administration: the act of an administrative organ providing benefits and granting rights to citizens.

(3) Burden and benefit are not completely separated and opposed: they may exist in different angles of the same administrative act at the same time.

2. Protection of civil liberties

(1) orderly administration: orderly management to prevent social harm caused by abuse of freedom.

(2) Payment management

1 Public services provided to eliminate and reduce social differences caused by excessive free competition and safeguard social equity.

It can be targeted at specific targets and the general public.

3. The scope of behavior of administrative organs

(1) Formal management

1 take the subject of behavior as the basis for dividing administration. As long as the administrative organ is engaged in functional activities, whether it is making rules (administrative legislation), dealing with specific matters (administrative law enforcement) or adjudicating disputed cases (administrative justice), it can be regarded as administrative activities.

2 The definition of administration in the sense of administrative law is formal administration

The state administration we study includes all the activities of administrative organs in exercising their functions and powers: administrative law enforcement activities, administrative legislation and administrative judicial activities in the traditional sense.

(2) Substantive management

Based on the activities and functions of state organs, administrative activities other than making rules and adjudicating disputed cases are regarded as administrative activities, no matter what state institutions implement them.

enforce the law

Law enforcement is the abbreviation of law enforcement. People usually use the broad and narrow concepts of law enforcement.

Law enforcement in a broad sense: all state administrative organs, judicial organs, organizations authorized by laws and regulations, organizations entrusted by administrative subjects and their public officials carry out law enforcement activities in accordance with legal functions and procedures, including all activities of law enforcement and application of laws.

Law enforcement in a narrow sense: the activities of state administrative organs, organizations authorized by laws and regulations, organizations entrusted by administrative subjects and their public officials to exercise administrative functions, perform duties and implement laws in accordance with legal authority and procedures.

Compared with judicial and other law enforcement activities, the characteristics of law enforcement mainly include:

(1) The subject of law enforcement is legal.

It can only be state administrative organs and their subordinate public officials, as well as organizations and personnel authorized and entrusted by law.

(2) Law enforcement covers a wide range.

Law enforcement is an all-round organization and management of society in the name of the country, involving all aspects of the country's social and economic life.

(3) Law enforcement activities are unilateral.

Although the law enforcement behavior is the behavior of two or more parties, it is only established by the unilateral decision of the administrative organ, without the request and consent of the administrative counterpart.

(4) Law enforcement activities have initiative.

Law enforcement is the statutory authority of state administrative organs, which is not only the power to organize and comprehensively manage society, but also the responsibility that state administrative organs should undertake and perform.

(5) Law enforcement has the characteristics of national authority, compulsion and flexibility.