Chapter four Administrative law Study the purpose and request: Through the studying of this chapter, understand concept of the administrative law, basic content of administrative law, and grasp basic theories of administrative behavior. Combine the realistic problem, understand the basic principle of the administrative law deeply.

Section one summary of Administrative law Ⅰ. Concept, position and characteristic of the administrative law (a) Concept of the administrative law Administration Executive power Administrative law

Section one summary of Administrative law (b) Position and characteristic of the administrative law Position: the independent department law with highest effect except the constitution Characteristic: Formal characteristic Characteristic on the content

Section one summary of Administrative law Ⅱ. Administrative legal relation (a) Meaning of the administrative legal relation The administrative legal relation refers to the relation between rights and obligations that forms on the basis of administrative legal norm in the course of realizing the national administration's management function.

Section one summary of Administrative law (b) Composition key element of the administrative legal relation Subject : Administrative subject, relative people of administration Object: Things, intelligence achievement and behavior Content : Right, obligation

Section one summary of Administrative law (c) Characteristic of the administrative legal relation Administrative subject must take part in administrative legal relation. Both sides of administrative legal relation’s rights and obligations is not reciprocal. The content is statutory, inalienable and can't be punished freely. Dispute in administrative legal relation must be dealt with in administrative way.

Section one summary of Administrative law Ⅲ. Basic principle of the administrative law Concept Function

Section one summary of Administrative law Ⅲ. Basic principle of the administrative law (a) Administrative legitimacy principle The administrative legitimacy principle refers to the existence, enforcement of the executive power must be according with the law, can't contravene law.

Section one summary of Administrative law (b) Administrative rationality principle The administrative rationality principle means that the administrative behavior should be objective, appropriate, reasonable.

Section two Administrative behavior Ⅰ. Summary of administrative behavior (a) Concept and characteristic of administrative behavior Comparing with other juristic acts, the administrative behavior has the following characteristic : Statutory; Judging amount of freedom; One side will; Compulsive.

Section two Administrative behavior (b) Classification of administrative behavior Abstract administrative behavior and concrete administrative behavior Administrative behaviors of bridling and administrative behaviors of judging amount of freedom Administrative behaviors in accordance with applying or functions and powers Wanting type administrative behavior and taking type administrative behavior

Section two Administrative behavior (c) Effect of the administrative behavior Effect content : ( 1) Confirming strength ; ( 2) Constraining strength ; ( 3) Carrying out strength

Section two Administrative behavior (c) Effect of the administrative behavior Legal important item : ( 1) The subject is legal ; ( 2) In the range of power; ( 3) The content is legal and proper; ( 4) The procedure is legal

Section two Administrative behavior Ⅱ. the administration legislates (1) Concept and characteristic of administration legislate (2) subject of administration legislate and legislative competence (3) Principle of the administration legislates

(b) Legislative subject and legislative competence The central administration legislates: The local administration legislates: The State Council Department, committee, the office directly subordinate to the state council government of province, autonomous region and municipality directly under the Central Government Some bigger municipal government

Section two Administrative behavior Ⅲ. Administrative penalty (a) Meaning of administrative penalty Administrative penalty means punishing the behavior of citizen, artificial person and other organization which violating administrative legal norm, does not still form the crime in accordance with the law

Section two Administrative behavior (b) Principle of administrative penalty Statutory principle of administrative penalty Justice and open principle of administrative penalty Principle of combining education with punishment Principle of ensuring relative people to relieve the right

Section two Administrative behavior (c) Classification of administrative penalty 1, Reputation is fined. Such as: Warn, circulate a notice of criticism 2, The property is fined. Such as: Confiscate the illegal income, fine 3, Ability is fined. Such as: Revoke the permit or license 4, The freedom of person is fined. Such as: Administrative detention

(d) Settlement of administrative penalty Settlement of administrative penalty Who has the power of enactment Law Administrative statute Local statute Department regulation, local regulation

(e) subject of administrative penalty 1, The administrative organ of administrative penalty right 2, Organization authorized by the laws and regulations 3, The organization entrusted by the administrative organ Question : How to understand 16 th article of " law of administrative penalty "?

(f) Procedure of administrative penalty Place a case on file Investigate and collect evidence notifying, hearing Make the decision of punishments Execution The law relieving

Section two Administrative behavior Ⅴ. Administrative licensing (a) Concept of the administrative licensing It means that administrative organ do the behavior according to the application which natural person, artificial person or other organizations put forward through examining in accordance with the law permitting it engaged in specific activity, approving its qualification or establishing its specific subject qualification and specific identity.

Section two Administrative behavior (b) Basic principle of the administrative licensing 1, Principle of permitting in accordance with the law 2, Principle of open, fair, justice 3, Principle for convenience of the people 4,Principle of ensuring the relative person's legitimate rights and interests 5,Principle of protecting and trusting in the administrative licensing

Section two Administrative behavior (c) Main systems of the administrative licensing Establishment system of the administrative licensing Subject system of the administrative licensing Procedure system of the administrative licensing

Section three The administration relieving Ⅰ.System of administrative reconsideration (a) Concept and characteristic of the administrative reconsideration Concept of the administrative reconsideration Characteristic of the administrative reconsideration: semi-judicial, supervising, relieving

Section three The administration relieving (b) Basic principle of the administrative reconsideration Legal principle Justice principle Open principle Timely principle Principle for the convenience of the people

Section three The administration relieving (c) Main system of the administrative reconsideration 1, the scope of accepting cases of the administrative reconsideration Range of the concrete administrative behavior Range of the abstract administrative behavior

(c) main system of administrative reconsideration 2, Organ of administrative reconsideration and administration Administrative reconsideration organ The administrative reconsideration administering

(c) main system of administrative reconsideration 3, administrative reconsideration party Applicant The person be applied Third person

(c) main system of administrative reconsideration 4, the procedure of administrative reconsideration Apply Accept Try Determine Execution Administrative litigation

Section three The administration relieving Ⅱ. the administration compensates (1) Concept and characteristic of administrative compensation Characteristic : As the prerequisite, the administration compensates should be an illegal administration and cause the harm of encroaching right; The principle is that the illegal part should take the compensate responsibility in the administration compensates; The subject of administrative compensation responsibility is the government; The administration compensates should be statutory; Compensating with money is the main way in administration compensates.

Section three The administration relieving (b) The important composing item of the administration compensates Tort subject Administrative tort The fact of damage Causality

Section three The administration relieving (c) Main content of administrative compensation The range of administration compensates The applicant and compensation obligation organ in administration compensates The procedure of administration compensates The way and calculation standard in Compensation