Township specification and classification of administrative acts

(Summary): the legality of administrative acts township, quality has a direct bearing on the masses especially in rural areas of production and life, building a new socialist countryside is significant. In recent years, the township administration by Law has made remarkable achievements , but due to various reasons restrict the Lawful conduct of township administrative action. In this paper, towns and administrative behavior in terms of the standard, the township has combed administrative behavior and classification, and the problems of its corresponding preventive measures proposed in order to promote its legitimate orbit operation.

Keywords:: classification of administrative acts township specifications

Rural township government is the primary government, its administrative behavior and the broad masses of rural residents, especially close ties, the legality of administrative acts, the quality has a direct bearing on production and living of the peasant masses. In recent years, with "according to Law" the popularity of the concept, the township government's administrative act has been a great specification, according to Law has made remarkable achievements. However, the township administrative action is to implement multi-state "three rural" policy, to complete a higher level on matters assigned by the executive branch, in the the course of the exercise of administrative acts, often face local reality, people attitude, social stability and other related complications, requiring multi-sectoral collaboration, using a variety of administrative measures to complete, while the corresponding increase in responsibilities are not clearly demarcated and the possible administrative misconduct resistance. In addition, some towns "pay attention to their own interests and ignore the interests of the masses", "pay attention to administrative measures," belittling the Law, "abuse of power, arbitrary act, not as a phenomenon Daiyu still common terms, and the constraints Jiandu township administrative acts mechanism is not perfect, many towns in the supervision of administrative action is essentially a blank state, thus affecting the township's lawful to carry out administrative acts. In order to solve these problems, it is necessary from the perspective of township administrative acts of administrative law to conduct a detailed sort and classification, which corresponds to the regulatory measures proposed. to promote running in the legal orbit.

First, the classification of administrative acts township
Administrative act according to different standards, can be divided into specific and abstract administrative act administrative act, ex officio by administrative action and administrative actions and other types of applications, but for the township administrative act, the existence of "three less than three": copy the legal provisions less, requires more discretion, less independently, multi-collaboration independently conduct less, the higher the number assigned. So the original classification of administrative acts not broad picture of the defects of township administrative action, can not fully reflect the characteristics of township administrative act, and not to a good guide, regulate the exercise of administrative acts.

Most scholars of administrative law that administrative action is the exercise of executive power of the administrative body acts, we can see the executive authority is the administrative act of a most important factor, from the aspects of administrative authority, can easily identify government activities is not an administrative act, operate within the terms of reference in terms of abuse of authority or beyond, is the independent exercise of powers or the exercise of powers and other departments. So the mandate of this paper, the township government and administrative behavior of its classification as a standard, and so the standard administration of township government behavior can be divided into three categories:
(A township administrative act independently. Refers to the township government in accordance with laws and regulations, policies, functions and powers of independence, can be done at the township level of administrative acts. Such administrative actions in addition to the administrative authority of the township level, the no other public authority in the township is the only administrative body. According to the "accrual match" principle, the results of such administrative action, except otherwise provided by law, the independence of commitment by the township government. For example, in the damaged villages and market towns housing, public facilities management, according to <<village and town planning and construction management Regulations>> the provisions of the township government the right to enjoy the punishment.

(B township with other departments to complete the administrative action. Such administrative action is the administrative body in the joint exercise by the corresponding number of terms to complete the administrative act, the township government in which a phase or part of the exercise of powers of the administrative act. Although the behavior of the various departments to complete the process in the administrative role may be divided into primary and secondary, has in others, but the administrative activities of various departments are the integral part of administrative action, are indispensable. the results of such administrative action, various stages of the administrative act or take part in the exercise of the corresponding side. For example in the "approval of a second child" in, "<Shandong Province Population and Family Planning>> Twenty-six Di Liukuan provides:" the township (town people government or district offices shall apply to citizens of the birth timely processing, review, and acceptance of the application within twenty days from the date of the audit opinion and the applicant's application materials to the county family planning administrative department for approval. "In the months to approve the the township government's administrative act, including acceptance of the application, issued an audit opinion and timely reporting. These three aspects of the township government to exercise the scope of authority, dereliction of duty occurred in these three areas, not as phenomena such as damage caused to the applicant, the township government need to bear the responsibility.

(C township administrative acts done by authority. Is the parent department of township government in accordance with delegated authority to complete the administrative action, administrative action under the authority of such authority, but also can be divided into all the authority and part of the mandate and the results shall be borne by the authorization. But faults in the trustees, the commissioning party the right to pursue their respective responsibilities. For example, in charge of Social Support, "<Shandong Province Population and Family Planning Regulations>> the forty-seventh article:" social maintenance fees levied by the county class collection of family planning administrative departments make written decisions, family planning administrative departments at the county level can be entrusted to the township (town or district offices to make people's government imposed a written decision. "This provision gives the township level of government to the enforcement of birth control, possibly as social maintenance fees levied by the trustees engaged in law enforcement activities. reposted elsewhere in the Research Papers Download http://www.hi138.com II norms township administrative act
Although the number of administrative laws and regulations has become the size of legislative, administrative action, but specific to the town above, but often face the situation of no legal basis, the more serious violations of human behavior relative, often more vulnerable to such problems. Objectively because of gaps in laws and regulations or the provisions of general and subjective because the administrative body acts in the exercise of administrative process, the mind the lack of rule of law, not strictly comply with the law and the principle of administration according to law, but do everything possible loopholes. This has resulted in rural anomie administrative action.

(A township administrative acts independently of the specification. In such administrative action in the exercise of some administrative action has clear and specific legal provisions for such administrative action, must be carried out strictly in accordance with the law. And for those who have authority, but there is no specific law to how to exercise, to play the township government initiative and discretion of the administrative act, the principle must be the extent permitted by law, so that <<comprehensively promoting administration according to law to implement the Platform>> in the six requirements of administrative law : legal administration, and reasonable administrative, procedural due process, highly efficient, convenient, honest and trustworthy, the same powers and responsibilities. You can take administrative contracts (administrative contract, the exercise of administrative guidance is flexible, the Government should honor the contract administration's commitment to protecting the interests of compliance with the principle of trust. If there have been some significant policy changes, etc., should be given the necessary compensation relative to safeguard the legitimate rights and interests of the administrative counterpart, for investment, and other acts, but also considering the local economic development, environmental protection and other factors, compliance with relevant legislation provision, maintain the vital interests of local people. it is necessary to actively pursue within the law "has as", but also to avoid breaching the terms of the abuse and negative chaos as treated not as a lazy exercise of dereliction of duty.

(B township with other departments to complete the specification of administrative behavior. Common administrative acts often involve large administrative body, the relative large number of people, administrative procedures are complicated, involving the interests of a broad face, broad social impact of face administrative action, such as land acquisition, relocation and so on. more there is the division of responsibilities between the executive branch is not clear, do not open other issues, often giving the "policies from different departments," the sense of relative to face the question, are often "subordinate to push higher, pushed higher lower level "of each other buck-passing phenomenon. In this regard, to clearly and publicly the division of powers between the executive body and accountability, and administrative action procedures, progress. The administrative body should exert its authority to assume the corresponding stage or part of the responsibility , the township government should be the appropriate authority in their role as part of the stage or administrative responsibility. This not only avoids the administrative body of the buck-passing between the phenomena, but also to facilitate the masses and administrative communication and exchange between the main body.

(C township authorized the completion of the administrative action by the specification. The exercise of delegated authority for the township's administrative act, the client department to make public the scope and basis for delegation of authority, responsibility, entrusted with the township authority to be exercised within the prescribed powers of the client department should be given necessary supervision and guidance for the exercise of administrative acts, as beyond the authority or in violation of township authorized to provide to the relative damage, the commissioning party to provide timely compensation, and to hold the trustees of the relevant responsibilities.

Third, the conclusion
Is necessary to establish the township, "according to law" concept, township leaders and township administrative staff to strengthen the legal studies, legal knowledge to increase reserves, improve law enforcement skills. We must strictly implement the administrative fault liability and other legal administration system. We should give full play to various oversight forces. strengthen the administrative reconsideration, administrative law enforcement supervision, oversight functions within the Government to urge the township administrative self-correcting. judicial oversight from the judicial oversight functions to play, smooth masses, feedback, give full play to television stations, newspapers and networks the supervisory role of various public media, the township administrative act under the supervision of self-regulation and external greater progress.


References:
1, Jiang Mingan: <<Administrative Law and Administrative Procedure Law>>, Beijing University Press Higher Education Press, 1999,
2, the State Council: <<comprehensively promoting administration according to law to implement the Platform>>, 2004. Links http://www.hi138.com Research Papers Download