What are the classifications of administrative acts?

Mondo Social Updated on 2024-01-31

Administrative acts are the acts of administrative entities in exercising administrative powers and performing administrative duties, and are characterized by their statutory nature, initiative, and extensiveness. Administrative acts are a concrete way to implement the law, an important part of the state's administrative management activities, and have an important impact on the legitimate rights and interests of citizens, legal persons or other organizations and the public interest. According to different criteria, administrative acts can be classified into different types.

According to the legal content involved in administrative acts, they can be divided into abstract administrative acts and specific administrative acts. Abstract administrative acts refer to the acts of normative documents such as decisions and orders made by administrative subjects with universal binding force against unspecified objects, such as formulating administrative regulations, administrative rules, administrative orders, etc. Specific administrative acts refer to administrative decisions, orders, and other acts with specific binding force made by administrative entities against specific targets, such as administrative licensing, administrative punishments, administrative compulsion, etc.

According to the procedures for administrative acts, they can be divided into administrative acts based on application and administrative acts ex officio. Administrative acts based on application refer to those that need to be applied for by citizens, legal persons or other organizations, and the administrative entity makes corresponding administrative acts based on the application, such as administrative licensing, administrative confirmation, etc. Ex-officio administrative acts refer to acts taken by administrative entities in accordance with their own authority, such as administrative punishments, administrative compulsion, etc.

According to the scope of effectiveness of administrative acts, they can be divided into external administrative acts and internal administrative acts. External administrative acts refer to acts with external effect made against administrative counterparts, such as administrative licensing, administrative punishments, etc. Internal administrative acts refer to acts with internal effect made against civil servants within administrative organs, such as personnel appointments and dismissals, work arrangements, etc.

In addition to the above classifications, there are some other classifications, such as mandatory and non-essential administrative acts, binding administrative acts and discretionary administrative acts. Regardless of the classification method, it needs to be judged and analyzed in light of the specific situation.

In practice, different legal procedures and normative requirements need to be adopted for different types of administrative acts to ensure their legality, rationality and fairness. At the same time, for some illegal or improper administrative acts, the parties may file a lawsuit or seek relief in accordance with the law, so as to protect their legitimate rights and interests from being infringed upon. Therefore, for specific cases, it is necessary to analyze and judge the specific circumstances to determine the corresponding application of law and remedies.

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