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1、Administrative LawDr. He C,Chapter 2: Administrative Subject and Administrative Counterpart,Definition of Administrative Subjects Administrative Organs Other Organs of Execution of Administrative Functions and Powers National Public Servants Administrative Counterparts,2.1 Definition of Administrati
2、ve Subjects,2.1.1 Definition They are the administrative organs or the organizations authorized by laws or regulations that in their own name exercise administrative functions and powers and conduct administrative acts that influence the counterparts rights and obligations, and at the same time, the
3、y are also capable of externally bearing legal responsibilities by themselves and responding to prosecutions as the defendants,2.1.1 Related concepts 2.1.1.1 Administrative subject and administrative organs Administrative organs are one type of administrative subjects. Besides administrative organs,
4、 administrative subjects include organizations authorized by the law,2.1.1.2 Administrative subject and national public servant National public servants are the representatives of administrative subjects. The functions and powers of administrative subjects are normally exercised through national pub
5、lic servants,But national public servants are not administrative subjects: all consequences of administrative acts that are conducted by national public servants are ascribed to administrative subjects and it is administrative subjects that shall externally take the legal responsibility,2.2 Administ
6、rative Organs,2.2.1 Definition Administrative organs are the state organs that are set in accordance with the constitution or administrative organic laws to exercise state administrative functions,2.2.2 Features 2.2.2.1 Administrative organs exercise state administrative powers and administrate stat
7、e administrative affairs,2.2.2.2 Subordination-the organic system of leadership is applied The execution of administrative functions by administrative organs specially demands of rapidity and efficiency so the organic system of leadership-subordination(主从制) is applied. In this system, administrative
8、 organs at the next higher level directly subordinate administrative organs at the next lower level, and the latter are subject to and responsible for the former and shall report to the former,That feature is exclusive to both state organs of power and state judicial organs. Superior state organs of
9、 power do not exercise leadership to subordinate state organs of power and shall not issue orders to them. For local regulations and resolutions made by subordinate state organs of power contravene the constitution, the law and administrative regulations, superior state organs of power may only resc
10、ind them through legal procedures. The same to superior peoples courts,2.2.2.3 The leading cadres responsibility system is applied in decision-making Administrative organs directly enforce administration on citizens, so clear jurisdiction(权限) and explicit responsibility are required. Collegial(共同掌权制
11、) system is adopted in the execution of function by state organs of power and state judicial organs,2.2.2.4 The execution of functions by administrative organs is usually voluntary, regular and uninterrupted 2.2.2.5 Administrative organs most frequently, most directly and most widely contact with th
12、e individuals and organizations,2.2.3 Classification In the light of jurisdiction of the power, administrative organs can be divided into central administrative organs and local administrative organs 1) Central administrative organs Include the State Council, Ministries and Commissions under the Sta
13、te Council, Organizations directly under the State Council and Working Body of the State Council,The State Council, as the central peoples government, is the executive body of the highest organ of power. Created by the National Peoples Congress, the State Council is responsible for it and is supervi
14、sed by it and by its standing committee. The State Council is consisted of the Premier, the vice-Premiers, the State councilors, the Ministers, the Auditor-General and the Secretary-General. The Premier assumes overall responsibility for the work of it,Job departments in the State Council: Ministry
15、of Foreign Affairs Ministry of National Defense Ministry of Culture Ministry of Public Security Ministry of Civil Affairs National Development and Reform Commission At present, 28 ministries, commissions, bank and offices are listed into the working departments of the State Council,2) Local administ
16、rative organs Include local peoples governments at different levels and the working department thereof. Divided into three levels: peoples governments of the provinces, the autonomous regions and municipality under the central authority; peoples governments of counties, autonomous counties and cities at the level of counties; peoples governments of townships, nationality townships, and towns,Q: In the following organs, which are administrative organs,1、武汉市人大常委会 2、武汉市地税局 3、武汉市洪山区喻家山派出所 4、华中科技大学学术
