Question 2: What are the contents of administrative law enforcement in the financial field? What are the contents of financial administrative law enforcement at all levels?
The contents of financial administrative law enforcement generally mainly include accounting qualification identification, accounting agency bookkeeping institution qualification identification, asset appraisal institution establishment approval, accounting firm establishment approval, * * procurement institution qualification identification, certified public accountant practice license, state-owned assets appraisal approval, public bidding purchase approval, institution asset disposal approval, institution foreign investment approval, agricultural comprehensive development project approval, national reserve material fund management approval, administrative institution account establishment approval, financial discount project approval.
Question 3: What is the main content of administrative law enforcement supervision? (a) the legality of administrative normative documents;
(two) the legality of the subject and procedure of administrative law enforcement;
(three) the legality of the specific administrative act;
(four) the administrative law enforcement organs to perform their statutory duties;
(five) the construction of administrative law enforcement team;
(six) the investigation of illegal administrative acts;
(seven) the situation of administrative reconsideration;
(eight) other matters that need supervision.
Question 4: What is the concept of administrative law enforcement?
Administrative law enforcement refers to the administrative behavior of the statutory state administrative organs and organizations authorized by laws and regulations to implement administrative legal norms in accordance with legal procedures in the process of realizing state administrative functions in order to safeguard national interests and serve the society. It is generally believed that administrative law enforcement behavior includes both abstract administrative behavior and specific administrative behavior. The administrative law enforcement mentioned here mainly refers to specific administrative acts. It can be seen that we must grasp the four basic contents of the concept of administrative law enforcement: 1 The subject of administrative law enforcement, that is, the implementing organ of administrative law enforcement, must ...
Read the full text >> the significance of administrative law enforcement
As an effective means to carry out the will of the state and a basic way to implement and apply legal norms, the significance of administrative law enforcement is mainly manifested in the following three aspects: (1) Administrative law enforcement is the main way to implement national legal norms. Modern society should be a society ruled by law and modern countries should be a country ruled by law. In China, with the reform and opening up and the development of socialist market economy, a series of profound changes have taken place in all aspects of political, economic and social life. The changes in the pattern of power and interests caused by these changes must be regulated and adjusted by law. Therefore, governing the country according to law and taking the road of a country ruled by law will be successful. ...
Read the full text >> Classification of administrative law enforcement behavior
The content of administrative law enforcement is complex and diverse, and we can classify it according to different standards: First, moderate administrative law enforcement and discretionary administrative law enforcement. This is the classification of administrative law enforcement according to the degree to which administrative law enforcement is bound by legal norms. Strictly in accordance with the clear and specific provisions of laws and regulations, it is called administrative law enforcement behavior of restraint and discretion; Although there are provisions in laws and regulations, it is called discretionary administrative law enforcement if its scope, mode, type and quantity have certain choices or ranges. Discriminatory restriction of discretion ...
Read the full text >> Administrative law enforcement behavior
The content of administrative law enforcement is complex and diverse, and we can classify it according to different standards: (1) binding administrative law enforcement and discretionary administrative law enforcement. This is the classification of administrative law enforcement according to the degree to which administrative law enforcement is bound by legal norms. Strictly in accordance with the clear and specific provisions of laws and regulations, it is called administrative law enforcement behavior of restraint and discretion; Although there are provisions in laws and regulations, it is called discretionary administrative law enforcement if its scope, mode, type and quantity have certain choices or ranges.
Question 5: What is archives administrative law enforcement? What is the specific content? Answer: Archives administrative law enforcement refers to a specific administrative act that the archives administrative department has rights and obligations relative to specific events and administrative counterparts in the process of implementing archives affairs management according to legal authority. The main contents include: archives administrative inspection, archives administrative license (administrative confirmation), archives administrative punishment, archives administrative compulsion, archives administrative reward, archives administrative arbitration, etc. Archives administrative law enforcement is a special management behavior in the field of archives work. Its main features are as follows: (1) The main body of archives administrative law enforcement is the archives administrative department. Except as otherwise provided by laws and regulations, no other organization, unit or individual may engage in archives administrative law enforcement; (2) Archives administrative law enforcement is the behavior of archives administrative departments to perform their functions and powers according to law. On the one hand, it should be carried out strictly according to law, on the other hand, it should be standardized according to legal procedures; (3) Archives administrative law enforcement is mandatory, which will directly affect the rights and obligations of the administrative counterpart and have legal consequences. Excerpt from Xuzhou Archives
Question 6: What are the contents of urban management law enforcement?
At present, the comprehensive administrative law enforcement organs of urban management concentrate on exercising the power of administrative punishment, including city appearance and environmental sanitation, urban planning management (punishment for illegal construction without a license), road traffic order (punishment for illegal occupation of roads), industrial and commercial administration (punishment for unlicensed operation), municipal management, public utility management, urban water-saving management, parking management, landscaping management, environmental protection management, construction site management (including on-site management of housing construction and demolition), and so on.
1, landscaping law enforcement
At present, there are many laws and regulations on the police power of landscaping in China, and many local legislations in provinces and cities, such as the Regulations on the Power of Relatively Centralized Administrative Punishment, have provisions in this regard. This article is based on the current effective Urban Greening Ordinance.
Article 20 of the Regulations on Urban Greening is a declaration clause: "No unit or individual may damage urban trees, flowers and green facilities."
Chapter IV Penalties specifically stipulate that the following damages shall be punished:
(a) damage to urban trees and flowers;
(2) pruning or cutting down urban trees without authorization;
(three) cutting down, unauthorized removal of ancient and famous trees or damage or death of ancient and famous trees due to poor maintenance;
(four) damage to urban greening facilities.
Although there is no specific amount of fines for occupying urban green space without consent, or setting up commercial and service stalls in urban public green space without consent, from the perspective of public property law theory, these penalties still have the attribute of "public property police power".
1. The protected content is urban public property. Specifically, there are the following types of public property protected by public property police power.
(1) urban trees and flowers
Article 18 of the current Regulations on Urban Greening: "The greening of urban public green space, scenic woodland, protective green space, street trees and trunk road green belts shall be managed by the urban greening administrative department of the urban people's government", which is a standard administrative nature.
(2) Urban green space
"If the skin doesn't exist, the hair will attach." Plant greening must use a certain amount of land. The right to use public green land is generally regarded as state-owned land under the control of urban people. It is natural to provide special protection for these lands in the public property law. But in the case of imperfect legislation, it is easy to overlap with other land laws and regulations. At the same time, generally speaking, occupying green space will often cause the destruction of plants on the ground. In this case, it is not clear whether several crimes should be punished together or absorbed.
(3) Urban greening facilities
Facilities do not belong to trees and green plants, but they are also closely related to greening. The greening facilities here should mainly refer to the plant maintenance fixed facilities built by the urban construction department. As the object of administrative power, facilities are not organizations such as "public creation" and "facilities in public law". In terms of urban greening, similar "Zhongchuang" organizations are the garden departments, and they are responsible for the "public property burden" of urban greening with their own members and equipment.
(4) Urban ancient and famous trees.
Ancient and famous trees in cities have their own characteristics, that is, they sometimes do not belong to subordinate administrative organs. In that case, why should the administrative organs provide them with police power to protect public property? From the legal point of view, the management of ancient and famous trees has achieved the effect of public expropriation, or "original public property rights" as a quasi-expropriation administrative organ, and * * * has also stipulated a special "public property burden" for privately or collectively owned ancient and famous trees in the public property law. These ancient and famous trees are enough to constitute "he has public property" in administrative law, so laws and regulations can stipulate his public property police power.
Second, the nature of police power protection.
(1) The police power to protect public property is first and foremost an administrative power. Policing does not mean belonging to the narrow sense of the police. These illegal acts of destroying public property are protected by the administrative power of the city management organs in advance, and only when the general administrative power is insufficient will the personal compulsory police power be used, that is, the Public Security Administration Punishment Law and even the Criminal Law.
(2) The police power to protect public property has the attribute of police. That is, marked by the right to use coercion and punishment.
Third, the target of the attack is injury. These damages, unauthorized pruning, unauthorized logging, logging, unauthorized occupation, etc. , is self-discipline, no right means that with the permission of the administrative organ, it can be exempted from illegality. However, these acts are actually punitive.
It needs the occurrence of harmful consequences to start the punishment procedure.
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Question 7: What does the administrative law enforcement of land and resources at county level include? Article 1 In order to standardize the implementation of administrative punishment of land and resources, ensure and supervise the competent departments of land and resources to perform their duties according to law, and protect the legitimate rights and interests of natural persons, legal persons or other organizations, according to the Administrative Punishment Law of the People's Republic of China, the Land Management Law of People's Republic of China (PRC), the Mineral Resources Law of People's Republic of China (PRC) and other land and resources management laws and regulations,
Article 2 These Measures shall apply to the administrative punishment imposed by the competent departments of land and resources at or above the county level on the acts of natural persons, legal persons or other organizations that violate the laws and regulations on land and resources management in accordance with the statutory authority and procedures.
Article 3 The competent departments of land and resources shall follow the principles of fairness and openness in implementing administrative punishment, and ensure that the facts are clear, the evidence is conclusive, the nature is accurate, the basis is correct, the procedure is legal and the punishment is appropriate.
Article 4 Administrative penalties for land and resources include:
(1) warning;
(2) a fine;
(three) the confiscation of illegal income and illegal property;
(4) Demolition within a time limit;
(5) Revoking the exploration license and mining license;
(six) other administrative penalties prescribed by laws and regulations.
Chapter II Governance
Article 5 Cases of illegal land and resources shall be under the jurisdiction of the competent department of land and resources at the county level where the land and mineral resources are located, except as otherwise provided by laws, regulations and these Measures.
Sixth provincial and municipal departments of land and resources shall have jurisdiction over major and complicated cases of illegal land and resources within their respective administrative areas, which shall be governed by laws and regulations.
Article 7 The Ministry of Land and Resources shall have jurisdiction over major, complicated and illegal land and resources cases that should be under its jurisdiction according to laws and regulations.
Article 8 Under any of the following circumstances, the competent department of land and resources at a higher level has the right to administer cases under the jurisdiction of the competent department of land and resources at a lower level:
(a) the competent department of land and resources at a lower level shall file an investigation without filing an investigation;
(2) The case is complicated, the circumstances are bad and the impact is significant.
The competent department of land and resources at a higher level may transfer cases under its jurisdiction to the competent department of land and resources at a lower level, except for cases that should be under its jurisdiction according to laws and regulations.
Article 9 If the competent department of land and resources is unable to exercise jurisdiction due to special reasons, it may report to the competent department of land and resources at the next higher level for designation of jurisdiction.
Disputes arising from jurisdiction between the competent departments of land and resources shall be reported to the competent department of land and resources at the next higher level for designation of jurisdiction.
The competent department of land and resources at the next higher level shall make a decision on jurisdiction within seven working days from the date of receiving the application for designated jurisdiction.
Article 10 If the competent department of land and resources finds that an illegal case is not under its jurisdiction, it shall be transferred to the competent department of land and resources or other departments. If the transferred competent department of land and resources has any objection to the jurisdiction, it shall report to the competent department of land and resources at the next higher level for designation of jurisdiction, and shall not transfer it by itself.
Chapter III Filing, Investigation and Trial
Eleventh departments of land and resources found that natural persons, legal persons or other organizations are suspected of violating the law, it shall timely check. For the illegal acts being carried out, a Notice of Ordering to Stop the Illegal Acts shall be issued in a timely manner according to law to stop them.
The notice of ordering to stop the illegal act shall record the following contents:
(a) the name of the violator;
(2) Illegal facts and basis;
(3) Other matters that should be recorded.
Twelfth meet the following conditions, the competent department of land and resources shall be placed on file within ten working days:
(a) there is a clear actor;
(two) the fact that there are violations of laws and regulations on land and resources management;
(3) To investigate legal liabilities in accordance with the laws and regulations on land and resources management;
(4) Being under the jurisdiction of this department;
(5) The illegal act has not exceeded the limitation of prosecution.
If the illegal act is minor and corrected in time, and no harmful consequences are caused, the case may not be filed.
Thirteenth after the case is put on file, the competent department of land and resources shall designate the case undertaker and organize investigation and evidence collection in time. When investigating and collecting evidence, there shall be no less than two investigators, and they shall show their law enforcement certificates to the respondents.
Article 14 An investigator who has a direct interest in a case shall withdraw.
Fifteenth departments of land and resources have the right to take the following measures when investigating and collecting evidence
(a) to require the units or individuals under investigation to provide relevant documents and materials, and to explain the problems related to the case;
(two) ask the parties and relevant personnel, enter the illegal scene for inspection, investigation, photography, audio and video recording, and consult and copy relevant materials;
(3) Other measures that can be taken according to law.
Article 16 If a party refuses to investigate and collect evidence or obstructs the investigation and collection of evidence by the competent department of land and resources by violence or threat, the competent department of land and resources may be angry ..... >>
Question 8: What is the connotation of administrative law enforcement? Connotation of administrative law enforcement responsibility system.
(A) the main characteristics of the administrative law enforcement responsibility system
The administrative law enforcement responsibility system mainly has the following characteristics:
First of all, the administrative law enforcement responsibility system is a legal system. First, establish the administrative law enforcement responsibility system according to the provisions of laws, regulations, rules and other normative documents; The second is to determine the responsibility of the subject of administrative law enforcement in accordance with the provisions of laws, regulations, rules and other normative documents; Third, the administrative law enforcement responsibility system is based on standardizing administrative law enforcement activities and is applicable to administrative law enforcement activities; Fourth, the responsibility system of administrative law enforcement is to investigate administrative responsibilities and other legal responsibilities according to the specific provisions of laws, regulations, rules and other normative documents.
Secondly, the administrative law enforcement responsibility system is a comprehensive system.
The responsibility system of administrative law enforcement is widely applicable to all administrative law enforcement activities, covering the whole process of administrative law enforcement activities. Its contents mainly include the generation of legal authority, the qualification of law enforcement subjects, the management of law enforcement personnel, the decomposition of legal authority and responsibility, the evaluation of law enforcement quality, and the investigation of responsibility. It also involves the inspection, filing review, law enforcement procedures, punishment supervision, administrative compensation, and law enforcement file management of law enforcement activities.
Third, the responsibility subject of administrative law enforcement responsibility system is not only the subject of administrative law, that is, not only the administrative organs and organizations authorized by laws and regulations, but also the organizations entrusted by law, as well as internal law enforcement agencies and administrative law enforcement personnel.
What needs to be emphasized here is that organizations entrusted by law, internal law enforcement agencies and administrative law enforcement personnel are all responsible subjects of administrative law enforcement. According to the principle of recovery in the State Compensation Law and the relevant provisions of the Administrative Reconsideration Law, as a comprehensive supervision and restriction system for defining, decomposing, implementing, evaluating and investigating administrative law enforcement responsibilities within administrative law enforcement organs, the responsible subjects of the administrative law enforcement responsibility system include not only administrative organs and organizations authorized by laws and regulations, but also entrusted organizations, internal institutions and administrative law enforcement personnel as one of the responsible subjects.
Fourth, the purpose of administrative law enforcement responsibility system is to strengthen law enforcement responsibility, clarify law enforcement procedures and standards, standardize and supervise administrative law enforcement activities, improve the level of administrative law enforcement, and ensure that all requirements of administration according to law are implemented.
This is the formulation of "Several Opinions of General Office of the State Council on Implementing the Responsibility System for Administrative Law Enforcement", which shows that the core issues of the responsibility system for administrative law enforcement are the exercise of administrative functions and powers and the undertaking of administrative responsibilities. Through the decomposition of power and responsibility, quantitative indicators, determine the corresponding administrative law enforcement responsibilities, and promote administration according to law through its own supervision mechanism and external incentive mechanism such as misjudged case evaluation and investigation, and finally improve the level and quality of administrative law enforcement.
Question 9: What is the specific content of the administrative law enforcement function of urban management? (1) Exercising the following power of administrative punishment.
1, the power of administrative punishment stipulated by laws, regulations and rules on city appearance and environmental sanitation management, and buildings or facilities that * * * do not meet the city appearance and environmental sanitation standards.
2, urban greening management laws, regulations and rules of administrative punishment.
3. The power of administrative punishment of municipal management laws, regulations and rules, responsible for the examination and approval of the temporary occupation of roads, squares and other public places, the establishment of kiosks (sheds, buildings), stalls and the renovation of buildings on both sides of main streets in urban areas.
4, environmental protection laws, regulations, rules and regulations of social life noise pollution, construction noise pollution administrative punishment; The right of administrative punishment for transporting, loading and unloading or storing toxic and harmful gases or powdery substances without taking sealing measures or other protective measures; The right of administrative punishment for storing coal, coal gangue, cinder, coal ash, sandstone and lime soil in densely populated areas without taking fire prevention and dust prevention measures; Have the right of administrative punishment for burning substances that produce toxic and harmful smoke and malodorous gases in densely populated areas and other areas that need special protection according to law; The right of administrative punishment for burning straw, fallen leaves and other substances that produce smoke and dust in densely populated areas, near traffic trunk lines and areas designated by local people; The right of administrative punishment for the illegal discharge of oil fume from the catering service industry and the environmental pollution caused by barbecue food in the open air in the city; The right of administrative punishment to discharge and dump industrial waste residue, urban garbage and other wastes into urban water bodies; And the right of administrative punishment for air pollution caused by construction.
5. Unlicensed vendors in urban roads, squares and other public places as stipulated by laws, regulations and rules on industrial and commercial administration, and acts of arbitrarily setting up stalls in violation of regulations.
6, public security traffic management and municipal management laws, regulations, rules and regulations on the administrative punishment of road occupation.
7, food hygiene management laws, regulations, rules and regulations of no food hygiene license or forged hygiene license, and without obtaining a health certificate and engaged in street food stalls business behavior of administrative punishment.
8, cultural market management laws, regulations, rules and regulations of song and dance entertainment places to accept minors, games and entertainment places where minors outside the national statutory holidays to provide their electronic games, primary and secondary schools in front of the radius of 200 meters to set up billiards, electronic games and other operating points of administrative punishment; Administrative penalties shall be imposed on illegal, illegal and illegal acts of engaging in business performance activities without approval or without obtaining a business performance license.
9. Those who raise dogs privately, forge or fraudulently use quasi-raising certificates, immunization certificates, dog-raising licenses and refuse to receive regular immunization without obtaining quasi-raising certificates shall be given the right of administrative punishment instead of keeping them in captivity.
(two) to organize the drafting of normative documents on urban management administrative law enforcement; To publicize the laws, regulations, rules and normative documents of urban management.
(three) to do a good job in the trial of disputes, hearings, administrative reconsideration and administrative litigation cases in the administrative law enforcement of urban management; Responsible for the construction, management and training of urban management administrative law enforcement team.
(four) to investigate and deal with illegal cases in violation of urban planning management and other major administrative illegal cases in urban management; Organize relevant departments to participate in centralized law enforcement activities of urban management.
(five) responsible for the safety management of the unit and its subordinate units.
(six) to perform other duties as prescribed by laws, regulations and rules, and complete other tasks assigned by the municipal party committee and municipal government.