How to fill in the cause of action?
1. According to pages 49 and 50 of the "Guidelines for Production Safety Law Enforcement Inspection" published by China Workers Publishing House, the cause of the case item on the case filing and approval form should be filled with "Administrative Penalty for Production Safety Violations" .
2. Page 133 of the "Practical Manual on Administrative Penalties for Work Safety" published by Fangzhi Publishing House and compiled by the Political and Legal Affairs Department of the State Administration of Work Safety: Cause of action: (1) Used to initially characterize the nature of the case. (2) To facilitate the statistics of penalty law enforcement case files, it is recommended that the causes of cases be divided into two categories: accidents (production safety, occupational safety) and general violations (safety production, occupational safety), such as accidents ----- --Production safety; it can also be further subdivided according to the different statistical needs of each region, such as accident type--production safety--serious injury. 3. Page 129 of the "Guidelines for Administrative Penalties in Production Safety" published by Chemical Industry Publishing House, "Cause of Case" is used to qualitatively classify the nature of administrative penalty cases and facilitate statistical analysis of administrative law enforcement work. It is recommended that the causes of cases be divided into two major categories: accidents and general illegal acts. They can also be further refined according to the needs of administrative law enforcement statistics in various places. For example, general illegal acts can be divided into mining categories and hazardous chemicals.
How to file an administrative penalty case with multiple causes?
1. More than one person commits two or more illegal and illegal crimes, and they are handled by the same case handling unit and a decision is made.
2. There is an internal correlation between two or more administrative cases, such as prostitution and whoring, theft and acquisition of stolen goods, etc.
Some or all of the 3 cases involving multiple people were committed by the same person and handled by the same case-handling unit.
In all of the above situations, multiple cases can be filed in one file.
How to determine the cause of action of administrative penalty cases in administrative law enforcement
Notice of the Supreme People's Court on regulating the cause of action of administrative cases
Higher People's Courts of Provinces, Autonomous Regions, and Municipalities directly under the Central Government, Xinjiang *** Production and Construction Corps Branch of the Higher People's Court of Er Autonomous Region:
Since the implementation of the Administrative Litigation Law, the determination and expression of the causes of administrative cases in various local courts have been inconsistent. Some courts have made active explorations in this regard. Gained some experience.
In order to standardize the cause of action of administrative cases, in accordance with the provisions of the Administrative Litigation Law of the People's Republic of China and other laws and the characteristics of administrative cases, combined with the practical experience of administrative trials, the following opinions are hereby put forward on issues related to the cause of action of administrative cases. People at all levels are invited to Court trial:
baike.baidu/...WwNYz_
What are the causes of action in administrative litigation cases?
Scope of administrative management
1. Public Security Administration
(1) Public Security Management (Public Security)
(2) Fire Management (Firefighting)
(3) Road Traffic Management (Road)
(4) Others (Public Security)
2. Resource Administration
(1) Land Administration (Land)
(2) Forestry Administration (Forestry)
(3) Grassland Administration (Grassland )
(4) Geology and Minerals Administration (Geology and Minerals)
(5) Energy Administration (Energy Management)
(6) Others (Resources)
3. Urban and rural construction administration
(1) Urban planning management (planning)
(2) House demolition management (demolition)
(3) House registration management ( House registration)
(4) Others (urban construction)
4. Family planning administration (family planning)
5. Industrial and Commercial Administration (Business and Industry)
6. Trademark administration (trademark)
7. Quality supervision, inspection and quarantine administration
(1) Quality supervision administration (quality supervision)
(2) Quality inspection administration (quality inspection)
( 3) Quarantine administration (quarantine)
(4) Others (quality supervision)
8. Health Administration (Health)
9. Food and drug safety administration (food, drugs)
10. Agricultural administration (agriculture)
(1) Fishery administration (fishery)
(2) Livestock administration (animal husbandry)
(3) Others ( Agriculture)
11. Price administration (price)
12. Environmental protection administration (environmental protection)
13. Transportation Administration (Traffic)
(1) Highway Transportation Administration (Highway)
(2) Railway Administration (Railway)
(3) Aviation Administration (Aviation)
(4) Others (Transportation)
14. Information and telecommunications administration (information, telecommunications)
15. Postal administration (postal services)
16. Patent administration (patent)
17. Press and publication administration (news, publishing)
18. Tax Administration (Taxation)
19. Financial Administration (Finance) 20. Foreign exchange administration (foreign exchange)
21. Customs Administration (Customs)
22. Financial Administration (Finance)
23. Labor and social security administration (labor, social security)
24. Audit Administration (Audit)
25. Economic and trade administration (domestic trade, foreign trade)
26. Water Conservancy Administration (Water Conservancy)
27. Tourism *** Administration (Tourism)
28. Tobacco Monopoly Administration (Tobacco Monopoly)
29. Judicial administration (judicial administration)
30. Civil Affairs Administration (Civil Affairs)
31. Educational Administration (Education)
32. Cultural Administration (Culture)
33. Radio, television and film administration
34. Statistics Administration
Management (Statistics)
35. Electric Power Administration (Electricity)
36. State-owned assets administration (state-owned assets)
37. Foreign investment administration (foreign investment management)
38. Salt industry administration (salt industry)
39. Sports Administration (Sports)
40. Administrative supervision (supervision)
41. Township ***
42. Other administrative management
Types of administrative actions
1. Administrative penalties
2. Administrative enforcement
3. Administrative adjudication
4. Administrative confirmation
5. Administrative registration
6. Administrative licensing
7. Administrative approval
8. Executive Order
9. Administrative review
10. Administrative revocation
11. Administrative inspection
12. Administrative Contract
13. Administrative rewards
14. Administrative compensation
15. Administrative execution
16. Administrative acceptance
17. Administrative benefits
18. Administrative requisition
19. Administrative procurement
20. Administrative collection
21. Administrative allocation
22. Administrative planning
23. Administrative relief
24. Administrative assistance
25. Administrative commitment
26. Administrative supervision
27. Other administrative actions... gt; gt;
Administrative cases with concurrent causes of action are worth 5 points
A case of administrative punishment with multiple causes of action will be filed under one case number.
According to the "Notice of the Supreme People's Court on Regulating the Causes of Administrative Cases": Components and Determination Methods of the Causes of Cases The basic method for determining the cause of a case is to divide the categories of cases, taking the scope of administrative management as the "category" , structured with specific types of administrative actions as "categories". Conclusion of the cause of action.
Is the Supreme People’s Court’s Notice on Regulating the Causes of Administrative Cases currently valid?
The “Supreme People’s Court’s Notice on Regulating the Causes of Administrative Cases” is still valid. At the same time, the Supreme Court issued a "Reply on the Proposal to Amend the Provisions on the Causes of Administrative Litigation" this year.
Reply on "Proposal to Amend the Provisions on Causes of Action for Administrative Litigation" (Full Text)
In order to standardize the cause of action for administrative cases, our court formulated and issued the "Supreme People's Court on Standardization of Causes of Action" in 2004 Notice on the Causes of Administrative Cases (Fafa [2004] No. 2), which has played a positive role in guiding judicial practice. After the implementation of the new Administrative Litigation Law, the types of administrative cases and actionable administrative actions have increased, and it is indeed necessary to further clarify and standardize the causes of administrative cases.
In addition to improving the original regulations, standardizing the causes of action also requires scientific classification of cases during case filing, trial, and execution. We will revise the "Notice of the Supreme People's Court on Regulating the Causes of Administrative Cases" on the basis of careful study of the new Administrative Procedure Law and in-depth investigation and research, and make the revised regulations more scientific and reasonable by extensively listening to opinions from all sides. It is operable and normative to better promote the normalization and standardization of administrative trials, enhance the pertinence and effectiveness of case management and judicial policy guidance and supervision, and comprehensively improve the quality and efficiency of case trials and judicial statistics.
We will further pay attention to the opinions and suggestions put forward by the people through various channels, actively accept supervision, and continuously improve our work.
Do the two causes of action need to be handled separately when writing an administrative complaint?
The times are different
Administrative causes of action for dissatisfaction with civil servant recruitment
If a civil servant is dissatisfied with the administrative sanction, he may file an administrative appeal, but cannot apply for administrative review.
Administrative sanctions and other personnel decisions are internal administrative actions of administrative agencies.
The purpose of the Administrative Reconsideration Law is to resolve administrative disputes arising between administrative agencies and management counterparts in the process of exercising administrative power. It is a legal system for resolving disputes over external administrative actions. Disputes caused by external administrative actions are different from disputes caused by internal administrative actions in terms of nature, content, etc., as well as in handling agencies, procedures and consequences, and different laws and regulations apply to them. Therefore, the Administrative Reconsideration Law excludes state civil servants who are dissatisfied with administrative sanctions and other personnel decisions from the scope of review.
According to the provisions of the State Council's "Interim Provisions on Rewards and Punishments for Staff of State Administrative Agencies", when staff of state administrative agencies are dissatisfied with the disciplinary sanctions they have received, they should report it to the handler within one month after receiving the notice. The agency requests reconsideration and has the right to appeal directly to the higher administrative agency.
According to the provisions of the "Interim Regulations on National Civil Servants", if a national civil servant is dissatisfied with a personnel decision involving him or her, he may apply for review to the original handling authority within thirty days from the date of receiving the decision, or to the same department. The people's government at the level of the People's Republic of China shall appeal to the personnel department, and those who are dissatisfied with the administrative sanction decision may appeal to the administrative supervision agency.
Therefore, those who are dissatisfied with the administrative sanctions or other personnel decisions made by the administrative agencies do not need to go through administrative review.
Have the provisions on causes of action for administrative litigation been revised?
"Notice of the Supreme People's Court on Regulating the Causes of Administrative Cases", Fafa [2004] No. 2, January 14, 2004, currently Still no revised manuscript, so no revisions.
What to do if the cause of the administrative penalty case is inconsistent with the actual situation
You can submit it to the administrative reconsideration authority for reconsideration or file an administrative lawsuit:
Citizens, legal persons or other organizations believe that specific administrative actions Violate their legitimate rights and interests, and submit an application for administrative reconsideration to the administrative agency. The administrative review agency is generally the higher-level administrative agency that makes administrative decisions.
If citizens, legal persons or other organizations believe that a specific administrative act infringes upon their legitimate rights and interests, they may file an application for administrative review within sixty days from the date of becoming aware of the specific administrative act; however, the application period prescribed by law exceeds sixty days. Except for the tenth day.
After receiving the administrative reconsideration application, the administrative reconsideration authority shall conduct a review within five days, decide not to accept the administrative reconsideration application that does not comply with the provisions of this law, and notify the applicant in writing; stipulates that if an administrative review application is not accepted by this agency, the applicant shall be notified to submit it to the relevant administrative review agency.