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What kinds of administrative punishment cases are there?
1. What kind of administrative cases are the reasons for administrative punishment? The cause of action of administrative cases is divided into: as a case, as a case, and administrative compensation cases. At the stage of filing a case for review, the preliminary cause of action can be determined according to the prosecution of the parties. In the trial stage, if the preliminary cause of action is found to be inaccurate, the cause of action for closing the case shall be determined according to the nature of the legal relationship determined after the trial. Therefore, this provision applies to both the stage of examination and prosecution and the trial stage, but the cover of legal documents and case files shall be subject to the closing of the case. Two. Related knowledge (I) Cause of action as the constituent elements of a class case and its determination method The basic method to determine the cause of action as a class case is to classify the case, take the administrative scope as the "class" and build it with the specific administrative behavior type as the "class". 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. (two) the constitutive requirements and identification methods of the cause of action of the omission case. The above two cases of omission cases are still applicable in principle, but they should reflect the characteristics of such cases. The determination method is: taking "complaint" as the first element of the cause of action of such cases; Taking the category of administrative subject as the second component, such as "industrial and commercial administrative organs" and "customs"; Failure to perform specific administrative duties or obligations is the third component. Taking the public security organ's failure to perform its statutory duty to protect personal rights as an example, the cause of action is determined as "suing the public security organ for failing to perform its statutory duty to protect personal rights". What kind of duties are required to be performed in "performing legal duties" should be determined according to the specific circumstances of the case, such as "suing (administrative subject) for failing to perform legal duties to protect personal rights (property rights)", "suing (administrative subject) for failing to perform administrative contract obligations" and "suing (housing ownership, etc.). ) due to failure to perform statutory registration duties "and so on. (III) Constitutive elements and determination methods of the cause of action of administrative compensation cases There are two cases of administrative compensation, namely, bringing administrative compensation together and bringing administrative compensation separately. For cases of administrative compensation filed together, the phrase "and administrative compensation" can be added after the cause of action of the case of the specific administrative act being sued. Such as "industrial and commercial administrative registration and administrative compensation"; Prosecute public security organs for failing to perform their statutory duties to protect personal rights and administrative compensation. As far as administrative compensation is concerned, the method to determine the cause of action is: administrative compensation within the scope of administrative management. For example, a tax official may file a separate lawsuit for administrative compensation for casualties in law enforcement, such as "tax administrative compensation". The counterpart of administrative punishment and other ordinary people only need to have a general understanding of the reasons for administrative punishment. For example, when we apply for administrative compensation, the reason for administrative punishment is naturally administrative compensation, and some administrative punishments are caused by failure to perform relevant responsibilities and obligations. Filing a case by omission is the basis of filing a case for investigation.