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In our country, the right to use needs to be supervised, and the administrative organ is no exception. administrative supervision There are many types of supervision subjects. Are you clear about these supervision subjects?
The subject of administrative supervision. In China, the subject of administrative supervision is the administrative organs at all levels of the country, including the superior and subordinate organs within the national administrative system, such as the State Council, the ministries and commissions under the State Council, and the people's governments at all levels; It also includes specialized functional organs set up within the administrative system, such as supervisory organs and audit organs. The supervision system of administrative legal system in China consists of two parts: the same supervision inside the administrative organization and the different supervision outside the administrative organization.
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Our country is a socialist country, and people enjoy the right to be in charge of their own affairs. However, some administrative personnel have nothing to eat, and only want to make money in their positions, and rely on their own rights to seek illegitimate interests. This behavior is deeply hated by people, so administrative supervision is very important. that administrative supervision Who is the target of?
1、 Who is the object of administrative supervision
The object of administrative supervision is the behavior of administrative organs and the duty behavior of national civil servants.
2、 Criteria for the division of administrative supervision
Administrative supervision can be classified according to different standards. Common classifications are:
1. Based on whether the object of administrative supervision is specific, administrative supervision can be divided into general supervision and specific supervision. General supervision refers to the supervision carried out for unspecified counterparts, with patrol
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When it comes to administrative supervision and inspection, I believe everyone will hear about it. administrative supervision Inspection, in popular terms, means that the organ or organization with the power of administrative supervision and inspection supervises and inspects the organization or person of the other party.
Administrative supervision and inspection means that administrative organs or legally authorized organizations comply with laws statute And regulations. The specific content of the inspection is whether citizens, legal persons or other organizations are exercising their rights and performing their obligations in accordance with the law.
Administrative License Law The subject of supervision and inspection is defined as two types: one is the subject set, and the other is the subject of implementation. The subjects of administrative licensing mainly include the legislature, namely the National People's Congress and its Standing Committee, the highest administrative organ, namely the State Council, the local legislature, namely the people's congresses and their standing committees of provinces, autonomous regions, and municipalities directly under the Central Government, and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. The lowest level is local government regulations. In other words, the departmental rules of the ministries and commissions of the State Council may not set government permits. The normative documents below the regulations cannot set the license. This is the setting permission
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Consultation on administrative supervision
Lawyer Liu Jiang Recent reply:
Well, in principle, children can follow their parents. But whether you can go to your guardian may also depend on the local household registration policy. Generally speaking, as long as the relevant procedures are complete and the necessary supporting materials are provided, it should not be a problem. You'd better go to the local household registration management department for detailed consultation and ask about the situation, so as to avoid being wronged.
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Legal Chart Yulin Lawyer Recent reply:
Resolution: When the perpetrator is under administrative detention, he has the right to hire a lawyer to visit and communicate. If a lawyer appointed by the detainee himself visits the detainee, he or she shall hold legal identity documents, formal professional qualification certificates of lawyers, certificates issued by his or her law firm, letters of attorney signed by the detainee or official letters issued by legal aid agencies. As for the lawyer appointed by the detainee, the number and time of visits are not limited, but must be carried out within normal working days. Legal basis: Article 52 of the Measures for the Implementation of the Regulations on Detention Facilities When meeting with a detainee, the detainee shall hold valid identity documents. When meeting the detainee, the lawyer entrusted by the detainee shall also hold a lawyer's practice certificate, a certificate of a law firm and a power of attorney or a legal aid official letter. The police of the detention center shall check the relevant certificates and vouchers of the persons interviewed, fill in the registration form for meeting the detainees, and make arrangements in a timely manner. Interviews with detainees shall be held at the time and area specified by the detention center, and the management regulations on meeting in the detention center shall be observed. The number of meetings with detainees generally does not exceed two, the number of people interviewed each time does not exceed three, and the meeting time does not exceed 30 minutes. If special circumstances require meeting on non meeting days or increase the number, number and time of meetings, approval shall be obtained from the leader of the detention center. The lawyer entrusted by the detainee shall meet the detainee without limitation on the number of times and time, but shall do so during normal working hours. For those who violate the regulations on meeting management, the detention center may give a warning or order them to stop the meeting. After the meeting, the detention center shall conduct a physical examination of the detainee and return him to the detention room. Upon the application of the detainee or his relatives and friends, the conditional detention center can arrange the detainee to have a remote video interview.
Law Chart Wenzhou Lawyer Recent reply:
Resolution: In China, the conviction and sentencing standards for theft are as follows: 1. When the theft amount of the criminal suspect reaches a certain amount, he will be sentenced to fixed-term imprisonment of less than three years, detention or control, and will be additionally fined; 2. If the amount involved in the case is relatively large, or there are other serious circumstances, the standard of punishment is fixed-term imprisonment of more than three years to less than 10 years, and the same responsibility for the fine should be borne; 3. When the amount of theft of a criminal suspect reaches an extremely large level, or there are other particularly serious circumstances, he will face a severe punishment of more than 10 years of imprisonment or even life imprisonment, while paying a fine or being confiscated of all his property. Legal basis: Article 264 of the Criminal Law Whoever steals a relatively large amount of public or private property, or repeatedly steals, enters the house to steal, or steals with lethal weapons, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property.
Lawyer of Lutu Alxa League Recent reply:
Resolution: According to Article 271 of the Criminal Law of the People's Republic of China, the calculation method of the term of imprisonment for the crime of official embezzlement is clearly stipulated. For employees who hold public office in companies, enterprises or other units, they take advantage of the convenience they enjoy in their positions to illegally occupy the financial assets that should belong to the unit. If the amount involved reaches a certain scale (usually the index is large), they will be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge (that is, huge), you may face more than five years of imprisonment, and at the same time, you may also be sentenced to confiscation of all or part of your property. As for the specific length of the sentence, the court should make a decision depending on the amount of embezzlement and the specific circumstances of the case. Legal basis: Article 271 of the Criminal Law of the People's Republic of China Any employee of a company, enterprise or other unit who, taking advantage of his position, illegally takes possession of the property of his unit, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also be sentenced to confiscation of property. If a person who is engaged in public service in a State owned company, enterprise or other State owned unit or a person who is assigned by a State owned company, enterprise or other State owned unit to a company, enterprise or other unit that is not owned by the State to engage in public service commits the act mentioned in the preceding paragraph, he shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.
