(a) as the elements of the cause of action of such cases and the determination method.
The basic method to determine the cause of action as a class of cases is to divide the categories of cases, take the scope of administrative management as "class" and the specific types of administrative acts as "class" to construct. The structure of the cause of action should have the following two elements:
1. Administrative scope. The scope of administrative management refers to the field where administrative subjects manage administrative affairs on behalf of the state. Taking the scope of administrative management as the first element of the cause of action of administrative cases, administrative cases are preliminarily divided into administrative disputes such as "public security", "industry and commerce" and "taxation", which are distinguished from each other.
Under normal circumstances, the scope of administrative management is the first element of the cause of action, and it does not need to be classified and then decomposed, such as customs, family planning, taxation, etc. , and "customs", "family planning" and "tax" directly as the first element of the cause of action; For individual areas with relatively broad administrative scope, such as public security management, it can be subdivided into public security management and fire management. , and the specific administrative scope can be refined and decomposed, with "public security" and "fire protection" as the first constituent clauses. Whether it should be decomposed should be based on the actual situation of the case and the principle of concise and clear expression.
2. Types of specific administrative acts. Taking the type or nature of specific administrative acts such as "administrative punishment", "administrative license" and "administrative confirmation" as the second element of the cause of action. The manifestations of specific administrative acts such as fines and detention in administrative punishment do not appear as constitutive elements, but are replaced by "administrative punishment".
Based on the above two elements, the structure of the cause of action of administrative cases is: the scope of management and the specific types of administrative acts. Taking the administrative detention punishment made by public security organs as an example, the cause of action should be determined as "public security management punishment". "Public security" refers to the specific public security management within the scope of public security management; "Administrative punishment" is a specific administrative act, and it does not have to be expressed in the form of "detention". Taking the confiscation of smuggled goods by customs as an example, the cause of action should be defined as "customs administrative punishment". The scope of customs management is relatively narrow and does not need to be decomposed, and "customs" can be directly used as the first constituent element.
Legal basis: Administrative Punishment Law of the People's Republic of China Article 1 This Law is formulated in accordance with the Constitution in order to standardize the establishment and implementation of administrative punishment, ensure and supervise the effective administration by administrative organs, safeguard public interests and social order, and protect the legitimate rights and interests of citizens, legal persons or other organizations. When facing the punishment decision of the administrative organ, citizens should not only treat the punishment content rationally and cautiously, but also pay attention to the procedure. If the name of the case does not meet the requirements of the specification, it may directly affect the content of the entity punishment.