试题与答案

消防安全处有无行政处罚的主体资格为什么

题型:问答题

题目:

消防安全处有无行政处罚的主体资格为什么

答案:

参考答案:[参考答案:与解析]
行政法学上的行政主体,是指享有行政职权,能以自己名义行使国家行政职权,作出影响行政相对 * * 利义务的行政行为并能由其本身对外承担行政法律责任的组织。本案中消防安全处作为市公安局的一个下属机构,是不享有以自己的名义对外实施行政活动的职权的,因而不是行政主体,其应以市公安局的名义对外作出行政处罚决定。

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