On Administrative Order

The author was engaged in the first step consideration of the responsibility system of dministration law enforcement which including the behavior, main body, basic and procedure while in Jinan Legislative Affairs Office's practice from October to December in 2006.During this period, the author found a question that the nature of some administrative action was unclear. Such as order to correct (order to correct within a specified period or order to rectify), order to compensate the damages, order to make procedures, order to refund the vegetable field which was illegally occupied, order to recover the vegetable production conditions within a specified period, and so on .What's the nature of them? The method of the administrative subject and their employees is decided directly by the answer to this question. Then the people's rights are impacted. So the author defines it as administrative order. Administrative order has different meanings at different levels. The scholars tend to focus on the research of it as abstract administrative action while neglect it as concrete administrative action. But administrative order as concrete administrative action exists widely in practice. So the author takes the problem met in practice as the point to discuss, and tries to make shallow and initial analysis of administrative order on this level, which including the basic theory , demonstration system and construction of the system.This paper takes the methods of empirical analysis, comparison and case analysis. It is divided into three parts. In the first part, the author introduces the basic theory of the administrative order. On the basic analysis of the different concepts about the meaning of the administrative order, the writer outlines the characteristics of it. The administrative can be divided into different groups by different classification standards. Then the author analyzes the nature of it. The author compares the scholars' different perspectives about the principal forms of administrative order and put forward her own view. At last the author points out the significance of administrative order. In the second part, the author researches the administrative order exists in our country, points out the problems and analyzes the reason. In the third part the author focuses on the building of our country's system of administrative order. It includes the building of principles, the building of procedure, the building of supervision and the building of relief.The innovation presents on the following points: through the analysis of basic theory and empirical system, the author summarizes the basic principle including: the principle of statutory mandate, the principle of proportionality, the principle of education. On the developing of the basic procedure of administrative order, the author focuses on the analysis on some problem which easily arises and proposes solutions. Put forward her own views about how to make defective supervision of it and provid relief ways to private party in the administrative process.Through this analysis, the author tries to build the basic system of the administrative order so to make the positive role of it fully played while inhibit its negative role.