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五准确运用法律规范行政执法中的定性问题是对案件事实是否满足行政法律规范条件的认识。它必然涉及到对法律规范的解释,应该说是属于运用法律的范畴。劳动保障行政部门作出具体行政行为的依据不仅仅只限于法律法规,还包括规章等其他法律规范,劳动保障行政部门对这些法律规范的运用同样要经得起复议机关或法院的审查。如果这个运用活动不符合法律规定,也会以同样理由被撤销具体行政行为。行政执法依据的法律效力等级按下列顺序排列:(1)宪法;(2)法律;(3)行政法规;(4)地方性法规、
V. Accurate use of legal norms The qualitative problems in administrative law enforcement are the recognition of whether the facts of the case meet the requirements of administrative law norms. It necessarily involves the interpretation of legal norms, it should be said that the law belongs to the category. The basis for making specific administrative actions by the labor security administrative department is not limited to laws and regulations, but also includes other legal norms and regulations. The application of these legal norms by the administrative departments of labor and social security also can withstand the review by the reviewing organ or the courts. If this application does not comply with the law, it will be withdrawn for specific administrative actions on the same grounds. The level of legal effectiveness on the basis of administrative law enforcement is arranged in the following order: (1) Constitution; (2) Law; (3) Administrative Regulations; (4) Local laws and regulations,