Homework 1 Zero point for students who have finished it by themselves and don't write small papers.

Homework 2

On March 28th, 1993, Li and Guan were fishing by the river, and the last two went home. Not far away, Li changed his mind and said to Guan, "It's better to go fishing in the river." Guan agreed, and they went back to the river. Passing through a forest, the two entered the game. While playing, both of them were smoking cigarettes and striking matches. When he walked out of the Woods, Guan saw a pile of hay at the edge of the Woods, so he struck a match and lit it. The flame rose rapidly and spread into the Woods. The two men rushed to fight, but they couldn't put it out because the fire was getting bigger and bigger. They panicked and left the scene and ran home. According to the Regulations on Forest Fire Prevention in People's Republic of China (PRC), a city forestry bureau authorized a township people's government to be the plaintiff. On April 3, 1993, on the grounds that Li and Guan set fire to 50 mu of forest, causing economic losses of 4,000 yuan, they made a penalty decision: they fined 500 yuan, ordered him to compensate for economic losses of 2,500 yuan, and ordered Li to compensate for economic losses of 65,433 yuan. Li refused to accept the punishment decision and brought a lawsuit to the Municipal People's Court.

Q: Who is the subject of administrative action in this case by applying the knowledge learned?

Township people's government is the main body of administrative behavior. According to the Regulations of People's Republic of China (PRC) on Forest Fire Prevention, the Township People's Government is authorized. Township people's governments belong to authorized organizations, which enjoy specific administrative powers conferred by laws and regulations and belong to administrative subjects. The Township People's Government has the right to punish according to the Regulations on Forest Fire Prevention in People's Republic of China (PRC), and can exercise the right to punish in its own name, and can independently bear the legal responsibilities arising from its actions, which is the subject of administrative actions.

On February and May 1996, Wu Mou went from Changde to Shaoguan on business. At 2 o'clock the next morning, Wu Mou went to his aunt's house in Shaoguan. Her aunt's house and Wang's residence are two adjacent buildings. Wu mistook the fifth building for the fourth building in the dark. I went upstairs to the door of Wang's house and opened the door for about three minutes with the key given by my aunt, but the door couldn't be opened. The sleeping king and his wife were awakened by the sound of opening the door. They thought there was a thief, so they took a triangular scraper to open the door. Wu didn't make any noise after hearing the movement in the room. When Liu opened the door, he found Wu standing at the door, wearing a coat and holding a long note in his hand. (Actually, it's a newspaper. ) stabbed Wu with a triangular scraper, causing Wu's right shoulder to be injured. He was sent to the hospital for treatment and spent 996 yuan on medical expenses. It was identified as minor injury by Shaoguan Public Security Bureau. On the second day after Wu was hospitalized, Liu Qu Hospital apologized to Wu. After investigation and evidence collection, and questioning the parties concerned, the Jiukm police station made a decision on public security management punishment on May 25th, giving Liu a warning and punishment for beating others, and ordered Liu to pay compensation of 1000 yuan and medical expenses of 996 yuan. Liu refused to accept the above two rulings and applied to Shaoguan Public Security Bureau for reconsideration. After reconsideration, Shaoguan City Public Security Bureau made a ruling to maintain the original ruling of Jiukm Police Station. Liu refused to accept, and filed a lawsuit in a district people's court in Shaoguan.

Liu said that he didn't mean to beat others, and he also opened the door by mistake. Under the specific circumstances at that time, he thought that Wu Mou was a thief and injured by accident, and could be given civil compensation instead of public security punishment. The defendant's decision on administrative punishment was unfair. The defendant Jiukm police station argued that Liu injured people with a knife, and his behavior violated the relevant provisions of the Regulations on Administrative Penalties for Public Security and should be punished administratively. After trial, the court held that Wu Mou shook the plaintiff's door in the middle of the night, and when he heard something in the room, he didn't call the door in the right way. In a state of extreme psychological tension, the plaintiff accidentally injured Wu Mou with a self-defense tool knife. Although his behavior caused minor injuries to Wu Mou, he did not intentionally violate public security administration subjectively, so he could not be the object of violating the regulations on administrative penalties for public security, and the defendant punished him improperly. Therefore, it is decided to cancel the punishment for public security management of Jiukm police station, compensate for the losses and bear the medical expenses.

Question: Use what you have learned to analyze the administrative subject qualification of the police station in this case.

In this case, the police station has the qualification of administrative subject in administrative law. The police station has the right to warn. Send out so give warning and punishment in your own name. The police station can independently bear the legal responsibilities arising from its actions. To sum up, the police station has the qualification of administrative law subject.

In September, Tian was admitted to University of Science and Technology Beijing with a bachelor's degree. 1Feb. 29th, 996, when Tian took the make-up exam in electromagnetics, he was found to have written electromagnetic formula in his notes. On March 5 of the same year, University of Science and Technology Beijing decided that Tian's behavior was cheating in the exam and decided to drop out of school. April 10, fill in the notice of student status change. However, University of Science and Technology Beijing did not directly announce the punishment and served Tian with the Notice of Change of Student Status, nor did it go through the formalities of dropping out of school. As a student of University of Science and Technology Beijing, Tian continued to participate in normal study and other activities organized by the school. University of Science and Technology Beijing also collects Tian's annual education fee, registers Tian, grants subsidies to college students, and arranges for him to participate in graduation design. During four years' study at University of Science and Technology Beijing, Tian got all qualified grades and finished his graduation thesis with excellent results. 1998 Upon graduation, University of Science and Technology Beijing thought that Tian had been dropped out of school and his student status had been cancelled, which did not meet the graduation requirements of college students. He refused to issue a diploma and degree certificate from abel tamata, and went through the graduation dispatch formalities. Tian refused to accept, filed an administrative lawsuit in Haidian District People's Court, demanding that University of Science and Technology Beijing issue a diploma and a degree certificate, go through the dispatch procedures, compensate the economic loss of 3,000 yuan, and publicly apologize in the school newspaper. The Haidian District People's Court of Beijing made a judgment of first instance on1February, 1999 14: The defendant, University of Science and Technology Beijing, issued a diploma to the plaintiff Tian within 30 days, called the school academic degree evaluation committee to examine Tian's bachelor's degree qualification within 60 days, went through the dispatch procedures within 30 days, and rejected other claims of the plaintiff Tian. After the judgment of the first instance, University of Science and Technology Beijing appealed to Beijing No.1 Intermediate People's Court. On April 26th, 1999, Beijing No.1 Intermediate People's Court rejected the appeal of University of Science and Technology Beijing and upheld the first-instance judgment.

Question: Does the punishment of quitting school made by University of Science and Technology Beijing 1 fall within the scope of administrative litigation?

Does the court violate the executive power by ordering the defendant to perform a series of obligations with specific contents within a specific period of time?

Why did you reject the plaintiff Tian's claim for compensation and apology?

A: University of Science and Technology Beijing did not directly announce the punishment decision to Tian, did not serve him with a notice of change of student status, and did not go through the formalities of dropping out of school. The disciplinary procedure does not comply with the law, and Tian's education fee is charged every year, which shows that Tian is still a qualified college student with qualified grades and graduation conditions. However, University of Science and Technology Beijing's failure to perform its statutory duties and issue graduation certificates, degree certificates and dispatch certificates should be an administrative litigation case according to Article 1 1 of the Administrative Procedure Law of the People's Republic of China.

There is no violation of administrative power. Article 54 of the Administrative Procedure Law stipulates that "if the defendant fails to perform or delays the performance of his statutory duties, he shall be sentenced to perform them within a certain period of time." In this case, University of Science and Technology Beijing is required to issue graduation certificates, review bachelor's degrees and apply for dispatch certificates within a certain period of time, which is in line with the law and does not infringe on administrative power.

The request for administrative compensation shall conform to the provisions of Articles 3 and 4 of the State Compensation Law of People's Republic of China (PRC), that is, it belongs to the scope of administrative compensation. This case did not issue graduation certificate, degree certificate and dispatch certificate, which did not belong to the scope of administrative compensation, so Tian's claim for compensation was rejected.

Homework 3

fill (up) a vacancy

1 The exercise of administrative licensing right shall be based on the application of (administrative counterpart).

The administrative subject is an organization that enjoys state administrative power and carries out administrative activities.

According to the different jurisdictions of administrative organs, they can be divided into (central) administrative organs and (local) administrative organs.

The civil behavior and official behavior of an organ can be confirmed according to the characteristics of their respective behaviors: the behavior with vertical management nature belongs to (official behavior), and the behavior with equality and compensation characteristics is generally (civil behavior).

Legally speaking, administrative legislation must follow two principles: (democratic principle) and (efficiency principle).

6. In principle, administrative reconsideration takes the form of (written) review.

Citizens, legal persons or other organizations that a specific administrative act infringes upon their legitimate rights and interests may file an administrative reconsideration within 60 days from the date of knowing the specific administrative act.

The liability form of administrative compensation is (damages).

9 (administrative tort) is the first condition of administrative compensation liability.

10 participants in administrative litigation include (parties to administrative litigation) and (agents ad litem).

1 1 The parties have different names in different lawsuits. They are called (appellant) and (appellee) in the procedure of second instance.

12 if the people's court considers that the prosecution meets the statutory requirements after examination, it shall file a case within (7) days and notify the plaintiff.

13 in the trial of administrative cases, the people's court shall not take mediation as a necessary trial procedure and a way to close the case. However, mediation can be applied to litigation (administrative compensation)

14 administrative judgments are divided into (upholding judgments) and (changing judgments according to law).

Either-or problem

1 On both sides of the administrative legal relationship (AB).

A administrative counterpart is essential, and B must have one party as the administrative subject.

C. One party must be a state administrative organ, and D. The relationship between rights and obligations is equal.

2. Among the following items, the one that does not have the qualification of administrative subject is (D).

A township people's government b public security police station

C sub-district office d bureau of public security legislative affairs Chu

3 Among the following items, the one that does not belong to administrative authority is (d).

A power of administrative punishment b power of administrative reconsideration

Administrative guidance d administrative jurisdiction

The illegal facts and circumstances of Party A and Party B are the same, but it is obviously unfair for the public security organ to detain Party A and fine 50 yuan. This behavior belongs to (BD).

A different situation, same punishment b same situation, different punishment.

Violation of fair procedures.

Li is a security cadre in the county office, seconded to the county public security bureau, and illegally deprived others of their personal freedom while performing the secondment task. Here, (b) is the organ liable for administrative compensation.

Jia county bureau of public security yi county office

C county people's government d county personnel department

A lawsuit brought against an administrative compulsory measure that restricts personal freedom shall be under the jurisdiction of the people's court.

A defendant's location b plaintiff's location

C the location of public security organs d the choice of plaintiffs

The legal representative's power of agency is based on parental authority or guardianship, so it occupies the litigation position of (AB) in the litigation.

A is similar to the defendant and B is similar to the plaintiff.

C core d dominant

8. The third party in administrative proceedings includes (ABD).

Plaintiff b defendant

Agent c, third party d

9. The main body of legal relationship in administrative litigation mainly includes (BC).

A people's court B litigant participant

C litigant participant d people's procuratorate

10 this decision shall come into force as soon as it is served.

The parties may not appeal against the judgment of the people's court.

If Party B refuses to accept this decision, it has the right to appeal to the people's court at the next higher level within 10 days after receiving this decision.

If a party refuses to accept the decision, he has the right to bring a suit in a people's court at the next higher level within seven days from the date of receiving the decision.

D if the party refuses to accept the decision, he has the right to appeal to the people's court at the next higher level within 5 days from the date of receiving the decision.

Three-noun explanation

1 administrative legal facts

Page 8 of the book

2 Qualification license

Page 90 of the book

3. Basic administrative acts

Page 70 of the book

4 improper management

Page 195 in the book

Four short answer questions

Brief introduction to the form of legal source of administrative law

Page 10 in the book

2 Briefly describe the characteristics of administrative licensing

Page 88 of the book

3. Briefly describe the main ways of general administrative supervision.

Page 184 in the book

Five essay questions

1 Discuss the characteristics of administrative subject.

Page 24 of the book

2. Discuss the relationship between recovery system and compensation system.

Page 249 of the book

Six case studies

On April 29th, 2000, in an examination room in a county, about 30 minutes after the examination, the invigilator found that a female candidate of the public security system had copied her own materials. The invigilator reminded him not to copy. The examinee continued to copy, and the invigilator confiscated his materials. However, the candidate quickly produced another document, and the invigilator confiscated her information after repeated reminders were invalid, and told her on the spot: "Your exam will be treated as zero", and the candidate had no objection. Considering that candidates only need two students to get their professional diplomas. Therefore, after examination, the county study room decided to register the candidate's "entrainment information" only on the registration form of the venue to be applied for, and suggested that he should be given a lighter punishment, and the subjects tested were zero. The candidate refused to accept the punishment decision. On June 6, he wrote an application for administrative reconsideration to the county government, arguing that the invigilator was falsely accused and his grades should be counted as qualified. Ask the study room to apologize publicly and pay compensation for mental damage. After investigation, the current government believes that the punishment right of cheating and other violations of the examination rules of candidates in higher education self-study examination should belong to the provincial examination Committee, and it cannot be determined that the county self-study examination office has made a decision to treat candidates with zero points. Accordingly, the county government revoked the decision of the self-taught examination office and reported it to the municipal self-taught examination office for a decision: according to the relevant provisions of the Provisional Regulations on the Self-taught Examination of Higher Education and the Detailed Rules for Reference, the examinee's examination score was counted as zero and the examination was suspended for two years. The candidate still refuses to accept the decision. On July 2, Kloc-0, the administrative reconsideration was submitted to the municipal government. On September 23, the Legislative Affairs Office of a municipal government made a decision to cancel the study room of a city after discussion by a collegial panel.

Q: According to the knowledge learned, which organ should be the administrative reconsideration organ in this case?

A: Article 12 of the Administrative Reconsideration Law stipulates that if an applicant refuses to accept a specific administrative act of the working department of a local people's government at or above the county level, he may choose to apply for administrative reconsideration to the people's government at the same level or the competent department at the next higher level. According to the provisions of this article, the municipal self-study examination office makes a decision on the punishment of candidates. Candidates may apply for administrative reconsideration to the Municipal People's Government or the Provincial Self-study Examination Committee.

Homework 4

fill (up) a vacancy

1 Administrative obligation refers to the legal obligation that the administrative subject must undertake in the process of exercising its functions and powers.

There are four main procedures for the creation of administrative posts: (selection) (appointment) (transfer) (appointment).

The legal status of the administrative counterpart is manifested through its (rights) and (obligations) in the administrative legal relationship.

Legally speaking, the administrative legislative procedure must follow two principles, one is (democratic principle) and the other is (efficiency principle).

5. Administrative contracts are mainly concluded by bidding (auction) (invitation) (direct negotiation).

According to the object of enforcement, it can be divided into three ways: (property), (behavior) and (person)

Cases of administrative punishment shall be under the jurisdiction of the administrative organ of the people's government at or above the county level where the illegal act occurred.

The specific forms of applying for punishment are (warning) and (informed criticism).

The imputation principles of administrative compensation liability mainly include: (fault liability) principle; (Dangerous liability) principle; Principle of illegal liability.

Either-or problem

1 The following is administrative behavior (c).

The behavior of building an office building by a county civil affairs bureau

B A county civil affairs bureau sued the construction company for breach of contract.

A county civil affairs bureau ultra vires to punish illegal construction companies.

D a county civil affairs bureau rewards the construction company according to the construction contract.

2. The object of adjustment of administrative law is (b).

A administrative relationship b administrative legal relationship

External administrative relations

3 Among the following four options, the order of effectiveness from high to low is (ACBD).

A law b local regulations

C. Administrative regulations D. Regulations

4(ABCD) has the right to formulate local regulations.

People's congresses of provinces, autonomous regions and municipalities directly under the Central Government and their standing committees

The people's congresses of special economic zones and their standing committees.

The people's congresses and their standing committees of the cities where the people's governments of provinces and autonomous regions are located.

People's congresses and their standing committees of larger cities approved by the State Council.

There are several forms of administrative litigation revocation judgment (BD).

A judgment is completely revoked, and B judgment is partially revoked.

C judgment revokes the qualification of illegal subject D judgment revokes and instructs the defendant to make a specific administrative act again.

If a party refuses to accept the ruling on property preservation, it may apply for reconsideration once. Time limit for reconsideration (a).

A don't stop executing the ruling, b stop executing the ruling.

Whether the award is executed or not is decided by the parties. Suspend the execution of the award.

In the legal relationship of administrative litigation, one of the plaintiff's unique litigation rights is (B).

Party A entrusts agent ad litem B to withdraw the lawsuit.

C applied to avoid D's appeal.

8. If the reconsideration organ changes the original specific administrative act after reconsideration, (b) is the defendant.

A original organ and reconsideration organ B reconsideration organ

C applied to avoid D's appeal.

9. The administrative organ as a party is merged into another administrative organ, which belongs to (a).

A changes in the subject of administrative legal relationship B changes in the object of administrative legal relationship

C. Changes in the content of administrative legal relationship D. Elimination of administrative legal relationship

10 article 44 of the regulations of the people's Republic of China on administrative penalties for public security stipulates that "measures for the implementation of penalties for violating traffic management shall be formulated separately by the State Council", which belongs to (b).

Creative legislation b authorizes legislation

C. Implementing regulations and legislation, D. Authoritative legislation

Three-noun explanation

1 state administrative organs

Page 30 of the book

2. Administrative license

Page 88

3 administrative punishment

Page 150

4 administrative litigation

Page 265

Four short answer questions

1 introduction to the criteria for dividing personal behavior and organ behavior

Page 50

2 Briefly describe the difference between the entrusting organization and the authorized organization

Page 58

3. Briefly describe the legal characteristics of the plaintiff in administrative litigation.

Page 295

Five essay questions

1 on the legal elements of administrative behavior

Page 75

2. On the way of administrative responsibility of administrative subjects.

Page 196- 197

Six case studies

A year ago, after being laid off, a man ran a tobacco and liquor grocery store at his doorstep. One morning, just as A opened the door, Wang, a staff member of the industrial and commercial office, came in and said he wanted to buy a high-grade cigarette. The man took the cigarette, and a man asked him to pay, but Wang refused. To this end, the two men tore at each other, and finally both sides were injured, one of whom was seriously injured. Afterwards, the person in charge of the industrial and commercial office presided over the mediation and asked Wang to pay the cost of a cigarette, and the medical expenses would be borne separately. They asked Yu to sign the mediation agreement, and Yu thought that the industrial and commercial office was partial to Wang and did not sign it. Who knows that this matter dragged on for two months, A went to the industrial and commercial office, but they didn't avoid it, that is to say, A didn't know what to do without consultation.

Q: According to what you have learned, can someone in this case file an administrative lawsuit for the defendant in the industrial and commercial office?

A: Wang of the industrial and commercial office went to A's tobacco, liquor and non-staple food sales department to buy cigarettes, and got into a fight with A without paying. Wang's behavior is not in the name of industry and commerce, but in his own name. Wang's behavior has nothing to do with performing his duties. Wang's failure to pay for cigarettes conflicts with Party A, but the civil dispute has nothing to do with Wang's unit. So this case is a civil case. They are not in the administrative legal relationship between management and management, nor do they belong to administrative cases, so they cannot bring administrative proceedings for the defendant in the industrial and commercial office.

Note: The above answers are for reference only. If you have different opinions, you can communicate with each other.