A Research On Administrative Order

In existing laws and administrative regulations shall be ordered tocorrect, shall be ordered to make compensation, these are also relativelyimportant in the process of administrative law enforcement, but our countryacademic circles for these shall be ordered to conduct special theoryresearch. Its legal attribute is opinions vary, all can see, did not form asystem, therefore it is necessary for this kind of behavior in theory andresearch. These behaviors are collectively referred to as administrativeorder, the administrative organ awareness of the importance of theactivities of the administrative order enough, coupled with its theoreticalsystem confusion leads to a lot of problems appeared in the process of lawenforcement, such as administrative organ weight of penalty light order. Inrecent years, the academic circle for order behavior to the administrativemeasures and more attention to the existence of the administrative orderhas its independent value and practical significance. This article through tothe current administrative rules and regulations specified in the variousadministrative order for carding, definition, classification and analysis,further defined the category and functions in law enforcement, in order totheoretical development of administrative law and administrativemanagement to provide some useful reference.This paper studies the main content of the two aspects: on the onehand, the current administrative rules and regulations specified in thevarious administrative order to comb and classification; On the other handis to further clear the legal attribute of administrative order, so that they canin legislation and judicial practice to perfect the administrative order thebehavior of the system and procedures. The paper mainly adopts the method of text analysis and empiricalanalysis, from the four parts to discuss the order. The first part of this papersummarizes the present status of the theory of administrative order,including some of the main theory and view of scholars, and discuss theconcept and category of administrative order, with executive orders. Alsoanalyzes the present situation about the legislation of administrative orderand the problems existing in the research status, including legislationdispersing and regulating the behavior of different expression. The secondpart is the legislation of administrative order the text analysis, through tothe law on administrative punishments enacted after the detailed combingand analysis of current administrative rules and regulations of theadministrative order from each type and structure form. The third part isthe nature of the administrative order, according to comb the situation oflegal texts, this part focuses on the analysis using frequency with more,more controversial several administrative order, from their structure,discusses the difference between its legal attribute and other administrativeorders, ordered to stop business operations for rectification shall be orderedto stop the illegal act, shall be ordered to make compensation and shall beordered to recover the five order behavior. The last part is about the legalregulating of the administrative order, further standardize the name of theadministrative order expression, put forward the legislation model buildingon the administrative order of some thinking suggestions and its concreteapplication, so as to better guide the administrative law enforcement,protect the lawful rights and interests of the other party.