The contents of fiscal and administrative law enforcement generally include accounting qualification identification, accounting agency qualification identification, asset appraisal agency establishment approval, accounting firm establishment license, *** procurement agency qualification identification, registration Accountant practice license, state-owned assets appraisal and approval, public bidding and bidding, approval of procurement matters, asset disposal matters of public institutions, approval of external investment matters of public institutions, comprehensive agricultural development project approval, national reserve material fund management matter approval, administrative undertakings Approval for the establishment of unit accounts, approval for fiscal interest discount projects, approval for special funds for education, science and technology, and culture, approval for administrative fee projects, etc.
Question 3: What are the main contents of administrative law enforcement supervision? (1) The legality of administrative normative documents;
(2) The legality of administrative law enforcement subjects and procedures ;
(3) The legality of specific administrative actions;
(4) The performance of statutory duties by administrative law enforcement agencies;
(5) Construction of the administrative law enforcement team Situation;
(6) Investigation and handling of illegal administrative acts;
(7) Administrative review status;
(8) Other matters requiring supervision.
Question 4: What is the concept of administrative law enforcement?
Administrative law enforcement refers to the statutory state administrative agencies in the process of realizing the national public administrative management functions. and organizations authorized by laws and regulations to implement administrative legal norms in accordance with legal procedures to achieve the purpose of safeguarding public interests and serving 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 actions. It can be seen that for the concept of administrative law enforcement, we must grasp its four basic contents: 1. The main body of administrative law enforcement, that is, the implementing agency of administrative law enforcement, must...
Read the full text gt; gt; The importance of administrative law enforcement
Administrative law enforcement is an effective means of implementing the will of the state. Means and a basic way to implement and apply legal norms. Its importance is mainly reflected 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 a modern country should be a country ruled by law. . In our country, with the reform and opening up and the development of the socialist market economy, a series of profound changes have taken place in all aspects of political, economic and social life. The changes in the power and interest structure caused by these changes must be regulated and adjusted by law. Therefore, governing the country according to the law and taking the road of ruling the country by law has become...
Read the full text gt; gt; Classification of administrative law enforcement behaviors
Administrative law enforcement behaviors are complex in content and diverse in form. Various classifications can be made according to different standards: 1. Constrained and discretionary administrative law enforcement and discretionary administrative law enforcement. This is a classification of administrative law enforcement behaviors based on the different degrees of restraint of administrative law enforcement by legal norms. Implementation in strict accordance with the clear and specific provisions of laws and regulations is called discretionary administrative law enforcement behavior; although laws and regulations have provisions, they also allow a certain degree of choice in terms of scope, method, type, quantity, etc. A certain range of choices is called discretionary administrative enforcement behavior.
Distinguish between supervision and discretion...
Read the full text gt; gt; Administrative law enforcement behavior
Administrative law enforcement behavior is complex in content and diverse in form. We can classify it according to different standards: (1) Constrained and discretionary administrative law enforcement and discretionary administrative law enforcement. This is a classification of administrative law enforcement behaviors based on the different degrees of restraint of administrative law enforcement by legal norms. Implementation in strict accordance with the clear and specific provisions of laws and regulations is called discretionary administrative law enforcement behavior; although laws and regulations have provisions, they also allow a certain degree of choice in terms of scope, method, type, quantity, etc. A certain range of choices is called discretionary administrative enforcement behavior.
Question 5: What is archives administrative law enforcement? What are the specific contents? Answer: Archives administrative law enforcement refers to the specific administrative actions that the archives administration department takes in accordance with its statutory powers and in the process of executing laws, regulations, and rules for the administrative management of archives affairs with respect to specific events and administrative management counterparts, resulting in a relationship of rights and obligations. . The main contents are: archives administrative inspection, archives administrative licensing (administrative confirmation), archives administrative penalties, archives administrative enforcement, archives administrative rewards, archives administrative arbitration, etc. Archives administrative law enforcement is a special management behavior in the field of archives work. Its main characteristics are as follows: (1) The main actor of archives administrative law enforcement is the archives administrative department. No other organization, unit or individual is allowed to engage in archives administrative law enforcement. , except where otherwise provided by laws and regulations: (2) Archives administrative law enforcement is the act of the archives administrative department performing its duties in accordance with the law. On the one hand, it must act strictly in accordance with the law, and on the other hand, it must standardize law enforcement behavior in accordance with legal procedures; (3) Archives administrative law enforcement It is compulsory to a certain extent and will directly affect the rights and obligations of the administrative counterpart, resulting in legal consequences. Excerpted from "Xuzhou Archives"
Question 6: What are the contents of urban management law enforcement?
At present, the scope of centralized exercise of administrative penalty power by urban management comprehensive administrative law enforcement agencies includes the city appearance and environment. Health, urban planning management (punishment for illegal construction without a license), road traffic order (punishment for illegal road occupation), industrial and commercial administration (punishment for operating without a license), municipal management, public utility management, urban water conservation management, parking management, landscaping Management, environmental protection management, construction site management (including house construction and demolition site management), urban river and lake management, black cars, black tour guides, shop signs, etc. 14 aspects.
1. Landscaping law enforcement
There are currently many police power regulations on landscaping in my country. Many provinces and cities have local legislation in this regard such as the "Regulations on Relatively Concentrated Administrative Penalty Powers" regulations. This article is an analysis based on the currently effective "Urban Greening Regulations".
Article 20 of the "Urban Greening Regulations" is a declaration clause: "No unit or individual may damage urban trees, flowers, grass and greening facilities."
Chapter 4 Penalties are specific Provisions are made to punish the following acts of damage:
(1) Damage to urban trees and flowers;
(2) Trim or cut down urban trees without authorization;
( 3) Cutting down or relocating ancient and valuable trees without authorization or causing damage or death to ancient and valuable trees due to poor maintenance;
(4) Damaging urban greening facilities.
For those who occupy urban green land without consent or open commercial or service stalls in urban public green spaces without consent, although there is no specific amount of fines, from the perspective of public property law theory Observe that these penalty clauses still have the characteristics of complete "public property police power".
1. The protected content is urban public property. Specifically, the following types of public property are protected by the public property police power.
(1) Urban trees and flowers
Article 18 of the current "Urban Greening Regulations": "City public green spaces, scenic woodlands, protective green spaces, street trees and trunk roads The greening of green belts is managed by the urban greening administrative department of the urban people's government." These properties are standard administrative public properties.
(2) Urban greening land
“If the skin is gone, the hair will not be attached.” Plant greening must use a certain amount of land. The right to use public greening land is generally said to be state-owned land under the control of the urban people. It is a matter of course that these lands are given special protection under public property laws. However, when legislation is imperfect, it is easy to overlap with other land regulations. At the same time, generally speaking, occupying green land often causes damage to the plants on the ground. In this case, there is no clear law on whether the land should be punished 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 fixed facilities for plant maintenance built by the urban construction department. As an object of administrative power, facilities are not organizational entities such as "public buildings" or "facilities under public law". In terms of urban greening, a similar "public property" organization is the gardening office of a public institution, which is in charge of the government. They are responsible for the "public property burden" of urban greening with their own members and their own equipment.
(4) Urban ancient and valuable trees.
Urban ancient and valuable trees have their own characteristics, that is, they are sometimes not owned by administrative agencies. Under such circumstances, why do administrative agencies still provide them with the protection of public property police powers? From a legal point of view, the listing of ancient and valuable trees has the effect of expropriation for public use, or as a quasi-expropriation administrative agency to obtain "original public property rights", *** ancient trees that are also privately or collectively owned Famous trees provide special "public property burdens" in the public property law. These ancient and famous trees are enough to constitute "other public properties" in administrative law, so regulations can stipulate their public property police powers.
2. The police nature of the right of protection.
(1) The police power to protect public property is first and foremost an administrative power. Policeness does not mean belonging to a narrow police agency. These illegal acts of damaging public property were initially protected by the administrative power of the city management authorities. Only when the general administrative power is insufficient, the police power of physical coercion, namely the "Public Security Management Punishment Law" and even the "Public Security Management Punishment Law" will be used. criminal law".
(2) The police power to protect public property has police attributes. That is marked by the use of coercive power and punitive power.
3. The target of the attack is damaging behavior. These damages, unauthorized pruning, unauthorized felling, felling, unauthorized occupation, etc., are behavioral penalties and unauthorized, which means that those who have obtained permission from the administrative agency can be exempted from their illegality. However, these behaviors are realistically punishable, and generally speaking, the occurrence of harmful consequences is required to initiate the punishment process.
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Question 7: What are the contents of administrative law enforcement of land and resources at the county level? Article 1 is to standardize the implementation of administrative penalties for land and resources, ensure and Supervise the land and resources authorities to perform their duties in accordance with the 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" and the "Land Management Law of the People's Republic of China", *** and the Mineral Resources Law of the People's Republic of China and other land and resources management laws and regulations, these Measures are formulated.
Article 2 These Measures shall apply to the administrative penalties imposed on natural persons, legal persons or other organizations for violations of land and resources management laws and regulations by the land and resources authorities at or above the county level in accordance with statutory powers and procedures.
Article 3 When implementing administrative penalties, the land and resources authorities shall follow the principles of fairness and openness, ensure clear facts, conclusive evidence, accurate characterization, correct basis, legal procedures, and appropriate penalties.
Article 4 Administrative penalties for land and resources include:
(1) Warning;
(2) Fine;
(3) Confiscation of illegal gains and illegal property;
(4) Demolition within a time limit;
(5) Revocation of exploration license and mining license;
(6) Other administrative penalties prescribed by laws and regulations.
Chapter 2 Jurisdiction
Article 5 Land and resources violation cases shall be under the jurisdiction of the county-level land and resources department where the land and mineral resources are located, unless otherwise provided by laws, regulations and these Measures except.
Article 6 Provincial and municipal land and resources authorities have jurisdiction over major, complex and land and resource violations cases within their respective administrative regions that are subject to their jurisdiction according to laws and regulations.
Article 7 The Ministry of Land and Resources has jurisdiction over major, complex and land and resources violations cases nationwide that are subject to its jurisdiction according to laws and regulations.
Article 8 Under any of the following circumstances, the superior land and resources administrative department shall have jurisdiction over the cases under the jurisdiction of the lower-level land and resources administrative department:
(1) The lower-level land and resources administrative department shall The case is opened for investigation but not opened for investigation;
(2) The case is complex, the circumstances are egregious, and it has a major impact.
The superior land and resources administrative department may transfer cases under the jurisdiction of the same level to the lower level land and resources administrative department, except those that should be under its jurisdiction according to laws and regulations.
Article 9 If the land and resources administrative department with jurisdiction is unable to exercise jurisdiction due to special reasons, it may request the land and resources administrative department at the next higher level to designate jurisdiction.
If there is a dispute over jurisdiction between the land and resources administrative departments, the matter shall be reported to the land and resources administrative department at the upper level with the same consent for designation of jurisdiction.
The superior land and resources department shall make a jurisdiction decision within seven working days from the date of receipt of the application for designated jurisdiction.
Article 10 If the land and resources administrative department discovers that an illegal case does not fall under the jurisdiction of its own department, it shall transfer it to the land and resources administrative department or other departments with jurisdiction. If the transferred land and resources department has objections to jurisdiction, it shall report to the land and resources department at the next higher level for designation of jurisdiction and shall not transfer the matter on its own.
Chapter 3 Case Filing, Investigation and Trial
Article 11 If the land and resources administrative department discovers that a natural person, legal person or other organization has acted suspected of violating the law, it shall conduct a timely verification. For illegal acts that are being carried out, a "Notice Ordering to Stop the Illegal Act" shall be promptly issued in accordance with the law to stop it.
The "Notice of Order to Stop Illegal Behavior" shall record the following contents:
(1) Name of the illegal perpetrator;
(2) Facts of the violation and basis;
(3) Other matters that should be recorded.
Article 12 If the following conditions are met, the land and resources department shall file the case within ten working days:
(1) There is a clear perpetrator;
(2) There are facts that violate laws and regulations on land and resources management;
(3) Legal responsibility should be investigated in accordance with laws and regulations on land and resources management;
(4) Belonging to this department Jurisdiction;
(5) The illegal act does not exceed the statute of limitations for prosecution.
If the illegal behavior is minor and corrected in a timely manner without causing harmful consequences, the case may not be filed.
Article 13 After filing a case, the land and resources department shall designate a case handler and organize investigation and evidence collection in a timely manner. When investigating and collecting evidence, there should be no less than two case investigators, and they should present their law enforcement certificates to the person under investigation.
Article 14 Investigators who have a direct interest in the case shall recuse themselves.
Article 15 The land and resources administrative department shall have the right to take the following measures when conducting investigations and evidence collection
(1) Require the unit or individual under investigation to provide relevant documents and information, and Explain the issues related to the case;
(2) Question the parties and relevant personnel, enter the illegal scene to inspect, survey, take photos, record and video, and review and copy relevant materials;
(3) Other measures that can be taken in accordance with the law.
Article 16 If a party refuses to investigate and collect evidence or uses violence or threats to hinder the investigation and collection of evidence by the land and resources authorities, the land and resources authorities may inflict harm...gt;gt;
Question 8: What is the connotation of administrative law enforcement? The connotation of administrative law enforcement responsibility system
(1) The main characteristics of administrative law enforcement responsibility system
Administrative law enforcement responsibility system It mainly has the following characteristics:
First, the administrative law enforcement accountability system is a legal system. First, the administrative law enforcement responsibility system is established in accordance with the provisions of laws, regulations, rules and other normative documents; second, the responsibilities of administrative law enforcement subjects are decomposed and determined in accordance with the provisions of laws, regulations, rules and other normative documents. ; Thirdly, the administrative law enforcement responsibility system is based on regulating administrative law enforcement activities and is applicable to administrative law enforcement activities; Fourthly, the administrative law enforcement responsibility system is based on the specific provisions of laws, regulations, rules and other normative documents. Administrative responsibilities and other legal responsibilities arising.
Secondly, the administrative law enforcement accountability system is a comprehensive system.
The administrative law enforcement responsibility system is widely applicable to all administrative law enforcement activities and covers the entire process of administrative law enforcement activities. Its contents include the generation of legal powers, the qualification of law enforcement subjects, the management of law enforcement personnel, the decomposition of legal powers and responsibilities, It mainly focuses on the evaluation and assessment of law enforcement quality and accountability, and involves inspection of law enforcement activities, filing review, law enforcement procedures, penalty supervision, administrative compensation, law enforcement file management, etc.
Third, the responsible subjects of the administrative law enforcement responsibility system are not only the subjects of administrative law, that is, not only administrative agencies and organizations authorized by laws and regulations, but also organizations that are entrusted according to law and internal law enforcement agencies. and administrative law enforcement officers.
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 for administrative law enforcement. In accordance with the recovery principles of the National Compensation Law and the relevant provisions of the Administrative Reconsideration Law, as a comprehensive supervision and restriction system for clarifying, decomposing, implementing, evaluating and investigating administrative law enforcement responsibilities within administrative law enforcement agencies, the responsible subjects of the administrative law enforcement responsibility system include not only administrative agencies and Organizations authorized by laws and regulations should also include entrusted organizations, internal agencies of administrative law enforcement entities, and administrative law enforcement personnel as one of the responsible entities.
Fourth, the purpose of the administrative law enforcement responsibility system is to strengthen law enforcement responsibilities, clarify law enforcement procedures and standards, regulate and supervise administrative law enforcement activities, improve the level of administrative law enforcement, and ensure that all requirements for administration according to law are implemented.
This is the formulation of the "Several Opinions of the General Office of the State Council on the Implementation of the Administrative Law Enforcement Responsibility System", which shows that the core issue of the administrative law enforcement responsibility system is the exercise of administrative powers and the assumption of administrative responsibilities. By decomposing powers and responsibilities, quantifying indicators, determining corresponding administrative law enforcement responsibilities, and promoting law-based administration through its own supervision mechanism and external evaluation and assessment, wrongful case investigation and other incentive mechanisms, it ultimately improves the level and quality of administrative law enforcement.
Question 9: What are the specific contents of urban management administrative law enforcement functions? (1) Exercising the following administrative penalty powers
1. Administrative regulations stipulated in laws, regulations and rules regarding city appearance and environmental sanitation management Penalty power, *** Buildings or facilities that do not meet urban appearance standards and environmental sanitation standards.
2. The power of administrative penalties stipulated in laws, regulations and rules in urban greening management.
3. The power of administrative penalties under laws, regulations and rules in municipal management, responsible for the temporary occupation of urban roads, squares and other public places, and the setting up of pavilions (sheds, buildings), stalls, Approval for renovation and reconstruction of building frontages on both sides of main streets.
4. The right to impose administrative penalties on noise pollution from social life and construction noise pollution as stipulated in environmental protection laws, regulations and rules; Administrative penalty power for taking sealing measures or other protective measures to transport, load, unload, or store substances that emit toxic and harmful gases or powders; to store coal, coal gangue, cinder, coal, etc. in densely populated areas without taking fire prevention and dust prevention measures The power to impose administrative penalties on the burning of materials that produce ash, sand, gravel, and dust; the power to impose administrative penalties on the burning of substances that produce toxic and harmful smoke and odorous gases in densely populated areas and other areas that require special protection according to law; The power to impose administrative penalties on open-air burning of straw, fallen leaves and other substances that produce smoke pollution in concentrated areas, near traffic arteries and in areas designated by local people ***; the catering service industry violates regulations by emitting oil smoke and polluting food by open-air barbecues in urban areas The right to impose administrative penalties for environmental and other acts; the right to impose administrative penalties for discharging, dumping industrial waste, urban garbage and other wastes into urban water bodies; and the right to impose administrative penalties for acts that cause pollution to the atmosphere during construction.
5. The power of administrative punishment stipulated in industrial and commercial administrative laws, regulations, and rules for unlicensed vendors on urban roads, squares and other public places and those who set up stalls at will in violation of regulations.
6. The right to impose administrative penalties on road encroachment as stipulated in the laws, regulations and rules of public security, traffic management and municipal management.
7. Administrative penalties for operating street food stalls without obtaining a food hygiene license or forging a health license, as well as for operating street food stalls without obtaining a health certificate, as stipulated in laws, regulations and rules on food hygiene management right.
8. Cultural market management laws, regulations, and rules stipulate that singing and dancing entertainment venues accept minors, and game entertainment venues provide their electronic game machines to minors outside of national statutory holidays. Administrative penalty power for setting up billiards, electronic game machines and other business points within a radius of 200 meters in front of primary and secondary schools; for those who engage in commercial performance activities without approval or without obtaining a commercial performance license. Administrative penalties.
9. For those who raise dogs privately without obtaining the permission certificate, forge or use the permission certificate, immunity certificate and dog tag, do not receive regular vaccinations, and should practice tethering, confinement, etc. administrative penalty power.
(2) Organize the drafting of normative documents on urban management and administrative law enforcement; publicize laws, regulations, rules and municipal government normative documents on urban management.
(3) Do a good job in handling disputes, hearings, administrative reconsiderations, administrative litigation cases, etc. arising from urban management and administrative law enforcement; be responsible for the construction, management and training of the urban management and administrative law enforcement team. .
(4) Organize the investigation and handling of illegal cases that violate urban planning management and other major administrative illegal cases in urban management; organize relevant departments to participate in centralized law enforcement activities in urban management.
(5) Responsible for the safety management of the unit and its affiliated units.
(6) Perform other duties stipulated in laws, regulations, and rules, and complete other tasks assigned by the Municipal Party Committee and Municipal ***.