Administrative LawDr. He Chench1797@sina.com.ppt

Administrative LawDr. He Chench1797@ 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 Administrative 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 counterpart’s rights and obligations, and at the same time, they are also capable of externally bearing legal responsibilities by themselves and responding to prosecutions as the defendants. 2.1.1 Related concepts Administrative subject and administrative organs Administrative organs are one type of administrative subjects. Besides administrative organs, administrative subjects include organizations authorized by the law. 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 public 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 Administrative 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 Administrative organs exercise state administrative powers and administrate state administrative affairs Subordination-the organic system of leadership –is applied The execution of administrative functions by administrative organs specially demands of rapidity and efficie