The Analysis Of Lu Wei Co. V. Suzhou Salt Bureau Case Of Administrative Law

The administrative organ of social management according to the legal authority,have occurred from time to time administrative misconduct,"Lu Wei Co. v. SuzhouSalt Bureau case" is a typical representative of Chinese administrative litigation.Analysis of the case to understand the administrative organs in China is how to applythe law of administrative license in China, stipulating rights and administrativepenalties set right. The reason the case results and judgment for similar cases haveimportant guiding significance.The article is divided into five parts; the first part is the case and problem. Thebasic situation of brief case, and the court of reason, on the basis of the administrativelaw enforcement, whether can the Suzhou Salt Bureau whether to have thequalification of administrative subject, Suzhou salt bureau of legality and themeasures for the implementation of "Jiang su salt" have the right of administrativepunishment, administrative license set. Second part of the Suzhou Salt Bureauwhether to have the qualification of administrative subject. The qualification ofadministrative subject is a prerequisite for establishing the administrativereconsideration organ, the defendant in administrative litigation and administrativecompensation subject. The plaintiffs, defendant’s point of view, the court’s judgment,the qualification of administrative subject criterion analysis of three Suzhou SaltBureau whether to have the qualification of administrative subject. The third part ofthe Suzhou Salt Bureau law enforcement on the basis of legality. The administrativebehavior of the administrative organ must take the law as the basis, in accordancewith the applicable law, the law of the specific content and program correctly. Thispart introduces the basis of law enforcement in Suzhou salt bureau, and thenelaborates court opinions about it, finally is the detailed analysis of the applicable lawin the case of Suzhou Salt Bureau law enforcement on the basis of legality. The fourthpart is to write "Jiang su salt implementation measures" have the right to setadministrative license, administrative punishment. Specific provisions set right from the administrative license in China to analyze the setting of administrativelicense not legitimate, from the specific provisions of administrative punishment of itsset of administrative punishment is legal. The fifth part is a conclusion. Theconclusion part is the judgment of the court in this case is the result of developmentfrom the judgments, to prospect for China’s future administrative behavior.