202 1 objective mock examination of method examination: administrative law (1.4)

1. The National Immigration Bureau is a ministerial bureau managed by the Ministry of Public Security. Which of the following statements is true?

First, the establishment of the Bureau was proposed by the the State Council organization management authority and reported to the State Council for decision.

B. The establishment of internal organs at bureau level shall be examined and approved by the establishment management organ of the State Council.

C. The establishment of departments and institutions within the Bureau shall be decided by the Bureau itself, and reported to the establishment management authority of the State Council for examination and approval.

D. the right to make rules

Reference answer

1, difficulty ★★★★

The establishment of the State Council departmental administration and its internal organs.

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Analysis: According to Article 8 of the Regulations on the Establishment and Management of Administrative Organs in the State Council, the establishment, dissolution or merger of state administrative organs managed by institutions directly under the State Council, various offices in the State Council and various departments in the State Council shall be proposed by the establishment and management organ of the State Council and submitted to the State Council for decision. The Immigration Bureau is a bureau managed by the Ministry of Public Security, so its establishment is proposed by the establishment management organ of the State Council and submitted to the State Council for decision. Item A is correct and elected.

According to the provisions of the second paragraph of Article 13 of the Regulations on the Administration of Administrative Organs and Establishment in the State Council, the state administrative organs managed by various departments in the State Council can set up internal organs at the division level or only at the division level according to the needs of their work. Article 14 stipulates that the addition, cancellation or merger of the internal organs at the division level of the State Council's administrative organs shall be examined and approved by the establishment management organ of the State Council and submitted to the State Council for approval. The establishment, cancellation or merger of the internal organs at the division level of the administrative organs in the State Council shall be decided by the administrative organs in the State Council in accordance with the relevant provisions of the state, and shall be reported to the organization and staffing management organ in the State Council for the record on an annual basis. What's wrong with item B? Approved by the organization and staffing administration of the State Council? The correct expression should be? The State Council approved it? ; What's wrong with item C? Audited by the organization and staffing administration of the State Council? The correct expression should be? The State Council organization and staffing management authority for the record? So two mistakes, B and C, were not elected.

According to the provisions of Articles 80 and 82 of the Legislative Law, the main bodies for making rules include: the State Council's constituent departments, directly affiliated institutions and institutions with administrative functions; People's governments of provinces, autonomous regions and municipalities directly under the Central Government; People's governments of cities and autonomous prefectures divided into districts. The National Immigration Bureau is a national bureau (ministerial bureau) managed by departments in the State Council, and does not belong to the main body of rulemaking. D error, not elected.

Therefore, this question chooses AD.

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