2, the source of the case, the parties and other participants in the proceedings, the analysis and determination of the facts of the case (to talk about the admissibility of evidence and reasons), the handling of the case, and finally what departments or leaders to discuss or instructions.
Question 2: How to fill in the Approval Form for Brief Information of Administrative Punishment Filing? Your informant didn't fill it out, did he?
Question 3: Introduction to Administrative Case Analysis. Administrative Case Analysis was written by Chen Shihao, an associate professor, and published by Wuhan University Press in 2007.
Question 4: How to write an administrative case? Solve it and see what case you have written. Baidu, there are many model essays.
Question 5: 50 points for administrative case analysis, emergency help, and as few papers on administrative case analysis on the Internet as possible. If you have studied this course, you can also send me your paper. I'm here to thank you! The requirements are as follows: this course is an elective course for administrative management majors, and the examination method is to write a final paper. Because this course is a case analysis course, the final paper is also assessed in the form of case analysis. The case is selected by the students themselves, and the theoretical analysis basis of case selection is discussed. The manuscript should be an organic whole of case and theoretical analysis, and should not be mechanically separated or pieced together. First, the selection of case analysis The case analysis must be an administrative case outside the handout and usual homework, otherwise it will be invalid. Cases can include administrative law precedents, administrative legislation, policies formulated by administrative organs or other cases related to public administration. Collect materials related to the case, carefully read and analyze the ins and outs of the incident, choose a research topic, and integrate and sublimate the materials. It is particularly important to note that the case analysis does not require a large and comprehensive analysis, as long as it is an in-depth analysis of one of the contents that lead to the problem. Here are some reference areas for you, and you can choose the case as appropriate: 1, * * * exceeds the authority; 2, * * * improper control; 3. * * * Inaction (dereliction of duty, dereliction of duty, lazy politics, etc.). ); 4.* * * Lack of accountability; 5.* * * Lack of credit; 6. * * * illegally infringes on civil rights. 2. Analyze the train of thought (choose any train of thought) 1. This paper analyzes the behavior of administrative organs in this case with the principle of administration, and points out the problems existing in solving this case from the aspects of system, system and mechanism. It is the best way to put forward a solution, and there is no need for a far-fetched solution, but the causal relationship of the problem must be thoroughly analyzed. 2. Comment on the standardization of cases under the rule of law. A whether the case is legal in substance and whether the precedent reflects the relationship between the rule of law and public administration. B. the relationship between cases and human rights protection. C. the relationship between cases and democratic participation. D. the relationship between the case and the values of fairness, justice or efficiency. The final paper should include two parts: 1 and the text: 3000- 2. Attachment: The official materials (press releases, reports, decision-making case materials, legislation, documents or judgments) of the case to be analyzed should reflect the context of the whole incident. The text of the paper is printed in small four-song style, and the title is bold or bold in three-song style. Paper requirements: A4. All quoted and extracted case materials must indicate the source of the materials (such as periodicals, newspapers, websites, etc.). ) .4. Basic writing format The format of the final paper should be written in strict accordance with the following format, with no omission: 1, title. It should include two parts: (1) main title (centered): about ... (2) subtitle: take ... as an example ... no more than two titles, one, two and three respectively; (1), (2) and (3). If grades are required, please use first, second and third.
Question 6: Answer of administrative case analysis (1) Liu proposed reconsideration, but the reconsideration organ failed to make a reconsideration decision within the statutory reconsideration period. If Liu directly files a lawsuit with the people's court, the people's court shall accept it, and neither file a case nor make a ruling within seven days from the date of receiving the copy of the complaint.
(2) The people's court shall not file a case or make a ruling within 7 days from the date of receiving the copy of the indictment, and Liu shall file a complaint or bring a lawsuit to the people's court at the next higher level in our hospital without appeal.
(3) After the copy of the indictment was served on the defendant, Liu filed a new lawsuit, and the people's court refused to grant it in principle unless there were just reasons.
(4) Party Liu shall explain the reasons when applying for withdrawal.
(5) The people's court shall reject the application for withdrawal of the parties in the form of a written ruling, but not in the form of a written ruling.
(6) Only when the facts are clear can the court of second instance hear the case of second instance in writing. If the parties dispute the facts, the court of second instance cannot hear them in writing. Liu, the appellant of this case, thinks that the original judgment found the facts wrong and the court of second instance should not hear the case in writing.
(7) The application for retrial by the parties shall be made within 2 years after the judgment takes effect. In this case, Liu applied for retrial in the third year after the judgment came into effect, and it was wrong for the court at the next higher level of the original trial court to accept it.
Question 7: Case analysis of administrative law 1) Chen and Deng can claim administrative compensation for personal freedom violations (2 points). Because holding a "study class" illegally restricts or deprives citizens of their personal freedom is one of the cases of statutory administrative compensation (2 points).
(2) When Chen and Deng request administrative compensation, they should first submit it to the local people * * * (2 points). If the township refuses to pay compensation, it may bring an administrative compensation lawsuit to the people's court (2 points).
(3) Chen and Deng should be compensated according to law for violating personal freedom during the "study class" (5 days) (2 points). The daily compensation shall be calculated according to the average daily salary of employees in the previous year (2 points).
Question 8: Plaintiff of the administrative violation case: Tian Yong, male, a 94-grade student of the Department of Physical Chemistry, School of Applied Science, University of Science and Technology Beijing.
Authorized Agent: Ma Huaide, lawyer of Beijing Datong Zheng Da Law Firm.
Authorized Agent: Sun, lawyer of Beijing Law Firm.
Defendant: University of Science and Technology Beijing.
Legal Representative: Yang Tianjun, person in charge.
Authorized Agent: Zhang Feng, associate professor of China University of Political Science and Law.
Authorized Agent: Li Mingying, director of the President's Office of University of Science and Technology Beijing.
Tian Yong, the plaintiff, believed that he met the statutory requirements for university graduates, and the defendant, University of Science and Technology Beijing, refused to issue him a diploma or a degree certificate, which was illegal, so he filed an administrative lawsuit with the Haidian District People's Court in Beijing.
As a student, I have been participating in various activities organized by the defendant University of Science and Technology Beijing, completing the teaching plan formulated by the school, and my academic performance and graduation thesis have reached the level of junior college graduates. However, just before graduation, the defendant informed our department that he refused to issue me a diploma, a degree certificate and go through the graduation dispatch formalities on the grounds that I didn't have a student status. This practice of the defendant violated the law. Request for a decree from the defendant: 1. Send me a diploma and a degree certificate; Second, handle the graduation dispatch formalities for me in a timely and effective manner; Third, compensate me for the economic loss of 3,000 yuan; Fourth, publicly apologize to me in the school newspaper and restore my reputation; 5. Bear the legal costs of this case.
The defendant argued that Tian Yong, the plaintiff, violated the provisions in the Emergency Notice on Strict Examination Management (hereinafter referred to as Notice No.068) of our school and was discovered by the invigilator during the make-up examination. The school decided to treat Tian Yong as a dropout, and informed the relevant departments of the school to handle the dropout procedures for Tian Yong. Abel Tamata Yong's notice has also been sent to the college in Tian Yong through the school mailbox. At this point, Tian Yong's student status has been cancelled. Because Tian has never cooperated with the relevant procedures, some departments of the school are not in place, and some faculty members do not understand the situation, resulting in the fact that they can continue to study in the school after dropping out of school. However, the acquiescence of some school departments and teachers to Tian Yong's continued study in the school does not represent the will of the school, nor can it prove that Tian Yong's student status has been restored. Without a student status, it is impossible to have the conditions for college students to graduate. It is correct for our school not to issue graduation certificates and degree certificates to Tian Yong, and not to go through graduation dispatch procedures. The court should reject Tian Yong's claim according to law.
The Haidian District People's Court of Beijing found through trial that:
1September, 994, plaintiff Tian Yong was admitted to the Department of Physical Chemistry, School of Applied Science, University of Science and Technology Beijing, and obtained the undergraduate student status. 1on February 29th, 996, Tian Yong took a note with electromagnetic formula written on it when he took the make-up exam of electromagnetics course. When I went to the toilet halfway, the note fell out and was found by the invigilator. Although the invigilator didn't find Tian Yong peeking at the note, according to the discipline of the examination room, he immediately stopped Tian Yong's exam. On March 5th of the same year, University of Science and Technology Beijing determined that Tian Yong's behavior belonged to cheating in the exam, including those who cheated on him, according to the provisions of Item 5 of Article 3 of Circular No.068. According to Article 1, "Anyone who cheats in the exam will be considered as a dropout", it is decided to treat Tian Yong as a dropout. April 10 issued a notice of change of student status. However, University of Science and Technology Beijing did not directly announce the punishment decision to Tian Yong, served the notice of change of student status, and did not go through the formalities of dropping out of school for Tian Yong. As a college student, Tian Yong continued to participate in the normal study and activities organized by the school.
1March 1996, the plaintiff Tian Yong lost her student ID card and failed to register for the second semester of 1995 to 1996. In September of the same year, the defendant University of Science and Technology Beijing reissued a student ID card for Tian Yong. Later, every year, Beijing University of Science and Technology collected the education fee paid by Tian Yong, registered in Tian Yong, distributed subsidies to college students, arranged for Tian Yong to participate in the graduation practice design for college students, and the thesis instructor received the graduation design completion fee issued by the school. Tian Yong also took the exam as a college student, and successively obtained the CET-4 certificate and the basic language test of computer application level. During the four years of studying in this school, Tian Yong passed the graduation practice, design and thesis defense, and won the ninth place in his class with excellent graduation thesis and total graduation score. University of Science and Technology Beijing does not deny the above facts.
Some teachers of the defendant University of Science and Technology Beijing complained to the former State Education Commission about the student status of the plaintiff Tian Yong, and college students of the former State Education Commission complained to him on1February 15, 2004. & gt
Question 9: Q: Case analysis of administrative law and administrative procedure law: The answer is 1. Administrative subject refers to a social organization that enjoys administrative power, can exercise administrative power in its own name, make administrative actions that affect the rights and obligations of the administrative counterpart, and can independently bear the corresponding legal responsibilities arising therefrom. In China, administrative subjects include state administrative organs and organizations authorized by laws and regulations.
2. The school belongs to a public institution, and the administrative organ is the Education Bureau. The school itself does not have the qualification of administrative subject.
Whether it is an administrative case or not, I personally think that the plaintiff's claim in this case will be supported by the court. According to Article 27 of the Regulations on the Management of Student Status in Technical Schools, the circumstances of expulsion should be serious or incorrigible. Obviously, the behavior of the four students did not meet the requirements of serious circumstances and repeated education, and the punishment of the school was too heavy.
Question 10: case analysis of administrative law 1. Case 1: The public security organs exercise the investigation power rather than the administrative power, so the behavior of the public security organs belongs to the generalized judicial behavior. Citizens cannot prosecute the legality of such acts. For the articles seized by the public security organs, the parties concerned may make a state compensation request to the public security organs in accordance with the provisions of the State Compensation Law.
2. The Interpretation of the Administrative Procedure Law stipulates that the plaintiff shall bear the burden of proof for the fact that the administrative organ does not prosecute, so the court's judgment is not wrong.