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How to distinguish between administrative agencies and administrative agencies?


Administrative agencies generally have legal personality, while administrative agencies do not, and usually administrative agencies are subordinate to administrative agencies!
Relevant knowledge of administrative agencies and administrative agencies:
Administrative agency. As the name suggests, an administrative organ is a state organ that exercises state administrative power. However, there are different opinions and arguments about the scope of the executive. Some people believe that the executive authorities are the people's governments at all levels. The reason is that the relevant contents stipulated in Articles 85 and 105 of the current Constitution of China indicate that the administrative organs only include the people's government, and do not include various organs, organizations and people's governments. The working department of the people's government may be called an administrative agency, and the administrative and administrative agencies are added together and called an administrative organization. It has also been argued that the division of administrative, administrative, and administrative organizations is only an artificial approach and a different term for administrative agencies. In fact, there is no clear boundary between the three, and the people's government and its work departments are administrative agencies. From the perspective of current legislation, the second view is justified. The relevant provisions of the Constitution do stipulate that the people's government is the administrative organ, but it cannot be inferred that other administrative organizations are not administrative organs. Since then, a large number of single-line rules have stipulated that the administrative organs include both the government and the government departments. In some laws, the executive authorities are also used specifically as the name of the working department of the people's government. For example, Article 20 of the Administrative Punishment Law stipulates that: “Administrative punishment shall be under the jurisdiction of the administrative organ with the administrative punishment right of the local people's government at or above the county level where the illegal act occurs. Except as otherwise provided by laws and administrative regulations.” The agency refers to the government work department. Therefore, when we refer to the executive, we do not specifically refer to it, including the people's government and the government's work department.
First, the people's government. In our country, the people's government is composed of the Central People's Government and local people's governments at various levels. The Central People's Government, the State Council, is the executive organ of the highest state power organ and the highest state administrative organ. The State Council conducts a comprehensive organization and management of state administrative affairs and uniformly leads the administrative work throughout the country. The local people's governments at various levels generally include four levels: the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the cities with districts. The people's government of the autonomous prefecture, the people's government of the county, autonomous county, flag, city, and district, and the people's government of the township, nationality township, and town. The local people's governments at various levels are the executive organs of the state power organs at the same level and the local state administrative organs. Under the leadership of the people's government at the next higher level, it manages the administrative work of the region, and leads and supervises the work departments of the subordinates and the people's governments at lower levels. Both the State Council and the local people's government, as part of their administrative work, must undertake certain administrative reconsideration tasks and perform the duties of the administrative reconsideration agency.
Second, the working department of the people's government. To meet the requirements of professionalization of administrative management, the people's governments at all levels have set up a number of work departments, as administrative agencies in charge of administrative matters in a certain aspect. From the perspective of the State Council, the work departments of the State Council mainly include the following categories; one is the formation of departments, the second is the direct agency, and the third is the office. The work departments of local people's governments at various levels are also broadly divided into these categories. At the same time, the division of labor is also roughly the same, thus forming a general counterpart between the lower and upper levels in different fields. These subordinate departments not only have similarities in business, but also have business guidance and guided relationships according to law, and some departments also have business leadership relationships. Therefore, the higher-level departments can also supervise and manage the lower-level departments according to this. One of the important ways is to conduct administrative review and review of the specific administrative actions of the lower-level departments according to law, thus having the legal status of the administrative reconsideration agency.
Third, the administrative organs that implement vertical leadership. Judging from the division of responsibilities between the central and local governments, some administrative matters are matters that are exclusively managed by the central government, for example, financial supervision, customs business management, foreign exchange control, and state taxation. In order to take charge of these administrative matters, the State Council has established the People's Bank of China and the General Administration of Customs. The State Administration of Foreign Exchange, the State Administration of Taxation and other departments serve as specialized administrative agencies. In order to exercise the duties stipulated by the State Council, these departments have set up administrative organs vertically led by their own departments at various levels in accordance with the law. Although these administrative organs are located in the administrative area of ​​a certain level of the people's government, they are not subject to the jurisdiction of the people's government. In the event of an administrative reconsideration, the parties may not apply to the local people's government for administrative reconsideration, but may only submit administrative applications to a certain level of the administrative organs that implement vertical leadership.
Fourth, the administrative office, the alliance. In accordance with the provisions of the relevant organic law, the people's governments of provinces and autonomous regions may establish dispatched organs. In practice, such dispatched organs are called administrative offices or alliances. The administrative office and the coalition are entrusted by the people's government that establishes it according to law to manage the administrative affairs of the region. After years of development, the administrative office and the alliance have become more and more substantive, and they are quite close to the status and authority of the district-based city. It also has certain responsibilities in accepting applications for administrative reconsideration and can be used as an administrative reconsideration agency.

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