What kind of administrative system does China belong to?

The system of state administrative organs is a manifestation of the state institutionalizing the administrative relations among all levels and departments in the structure of administrative organs through legal procedures according to the needs of political and economic development.

The administrative organ system is the central link to ensure the overall efficiency of state administration. Generally speaking, there are the following forms: administrative subject refers to an organization that enjoys the administrative power of the state, can engage in administrative activities in its own name, and independently bears the legal responsibilities arising therefrom. According to the definition of administrative subject, combined with the actual situation of administrative organs in China, we can see that administrative organs that can be used as administrative subjects mainly include:

(1) the State Council

People's Republic of China (PRC) and the State Council, as the highest administrative organs in China, have the right to manage the administrative affairs of the whole country according to the Constitution and laws. They can formulate administrative regulations, stipulate administrative measures and issue decisions and orders. Therefore, the State Council is the administrative subject.

According to the Constitution, the Organic Law of the State Council and other legal norms, the administrative power exercised by the State Council as an administrative subject can be summarized as follows:

1. The right to formulate administrative regulations;

2. The right to lead state administrative organs at all levels;

3. The right to lead and manage all administrative work in the country;

4. Other functions and powers granted by the highest organ of state power.

The State Council implements the responsibility system of the Prime Minister. The State Council exercises administrative functions and powers at plenary meetings and executive meetings. Premier the State Council convened and presided over the plenary session and executive meeting of the State Council. Major issues in the State Council's work, such as the formulation of administrative regulations, must be discussed and decided by the plenary session or executive meeting of the State Council.

(2) The constituent departments of the State Council

The State Council consists of ministries, committees, banks, departments and offices. Ministries, committees, banks, departments and bureaus, as the working departments or functional institutions of the State Council, exercise management power over certain administrative affairs nationwide according to law. On the one hand, all departments in the State Council accept the leadership and supervision of the State Council and implement the administrative regulations, decisions and orders of the State Council; On the other hand, they can carry out activities in their own names on matters under their jurisdiction within the statutory authority and bear the responsibilities arising therefrom. Therefore, the State Council's constituent departments (ministries, commissions, banks, departments and offices) are administrative subjects.

The functions and powers of the State Council ministries, commissions, banks, departments and offices in administrative law mainly include:

1. Rule-making power;

2. The right to manage the affairs under the jurisdiction of this department.

(3) Institutions directly under the State Council.

The institutions directly under the State Council are institutions that undertake various specialized businesses, and their status is lower than that of ministries, commissions, banks, departments and offices. Directly affiliated institutions have independent powers and special responsibilities, and can issue orders and instructions to the outside world within the scope of matters in charge. Therefore, directly affiliated institutions can become administrative subjects.

The functions and powers of the institutions directly under the State Council mainly include:

1. Rule-making power;

2. The right to handle administrative affairs;

3. The right to adjudicate disputes.

(4) National Bureaus of Ministries and Commissions of the State Council.

The National Bureau managed by various ministries and commissions in the State Council is the administrative functional department that manages some special affairs. Because the administrative affairs it manages are related to the functions of some ministries, it is managed by the corresponding ministries. These national bureaus have an independent legal status at the time of their establishment, and exercise administrative powers on specific matters according to law. Therefore, it has the qualification of administrative subject.

The National Bureau, which is managed by various ministries and committees in the State Council, has the power to manage special administrative affairs and adjudicate disputes. (5) The local people's governments at all levels are local state administrative organs, which manage administrative affairs within the jurisdiction of local governments at all levels.

The local state administrative organs in China are divided into four levels: provinces (autonomous regions and municipalities directly under the Central Government), cities (districts of autonomous prefectures and municipalities directly under the Central Government), counties and townships.

The status of local people's governments at all levels is twofold: on the one hand, it is the executive organ of local state power organs; On the other hand, it is a national administrative organ under the unified leadership of the State Council. The local people's governments at all levels shall, within their jurisdiction, manage various administrative affairs within their respective administrative areas in accordance with the authority prescribed by the Constitution and relevant laws, and be responsible for the legal consequences arising from their actions according to law. Therefore. Local people's governments at all levels are administrative subjects.

The statutory administrative functions and powers of local people's governments at all levels are mainly:

1. The right to formulate local regulations or issue decisions and orders;

2. The right to manage administrative affairs in the SAR;

3. To lead and supervise the administrative power of the functional departments of the government at the same level and the people's governments at lower levels.

(6) functional departments of local people's governments at various levels

The functional departments of local people's governments at all levels are working departments established by local people's governments at or above the county level to undertake certain administrative affairs organization and management functions. Functional departments independently enjoy and exercise administrative power in accordance with relevant laws and regulations, make decisions in their own names, and bear corresponding legal consequences. Therefore, the functional departments of local people's governments at or above the county level have the qualification of administrative subject.

The statutory functions and powers of the functional departments of local people's governments at or above the county level mainly include:

1. The right to issue decisions and orders;

2. The right to handle administrative affairs.

(7) agencies of local people's governments

An agency refers to an administrative organ established in a certain area by a local people's government at or above the county level with the approval of the competent authority to organize and manage all administrative affairs in the area on behalf of the people's government at the corresponding level. According to the provisions of the relevant organization law, the organ can make administrative acts in its own name and bear legal responsibility for the administrative consequences, thus actually fulfilling the functions of the people's government at the first level. Therefore, this institution has the qualification of administrative subject.

There are four kinds of institutions: administrative office; District office; Sub-district offices; The Economic and Technological Development Zone shall set up a management committee.

The functions and powers of the agencies can be summarized as follows:

1. To issue decisions and orders on administrative affairs within their respective administrative areas according to law;

2. Manage the administrative affairs of the region according to law.