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Legal Attribute Of "Ordering" Administrative Behavior

Posted on:2018-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q QiaoFull Text:PDF
GTID:2346330515473255Subject:Law
Abstract/Summary:
Order to correct,order to suspend production or business reorganization,order to stop the illegal activities and so on.There are many provisions like those in the current laws and regulations,but there is no comprehensive study,a consistent view of define and classification in academic circles,the form of these provisions is also variety.This paper call them “Ordering”Administrative Behavior.In recent years,because of the popularity of the people’s legal knowledge improved and people’s rights consciousness has increased,the number of cases in administrative review and administrative procedure sharp rise.Under the strict restriction of the use of public power,standardizing administrative law enforcement of administrative organs is imperative.How to realizing? Legal attribute of “Ordering”Administrative Behavior which few people pay attention to it before has been more focused now.“Ordering”Administrative Behavior in existing law is short of systematicness and definition,also academia’s research is not much,leading to the administration departments are facing the huge challenge about guaranteeing legal procedure and accurate application of law in administrative enforcement of law.The paper is about analyzing and researching “Ordering”Administrative Behavior.Through the comparison of characteristics,discussing the legal attribute of them.The paper is divided into five parts,the first part is discussing the concept and development of “Ordering”Administrative Behavior.The second part is combing the powers and duties list of Xingyang City,analyzing the proportion of “Ordering”Administrative Behavior in different areas and different legal provisions.On this basis making a inductive classification according to the provisions of expression,structure.The third part is the problems of “Ordering”Administrative Behavior,those are common or abundant.The forth part is about the six categories of “Ordering”Administrative Behavior with the highest frequency of occurrence in law: order to correct,order to suspend production or business reorganization,order to stop the illegal activities,order to demolish within a time limit,order to involute,order to compensate for the loss.Combining cases to discuss their legal nature and solve the problems.The last part is putting forward the proposal of “Ordering”Administrative Behavior.
Keywords/Search Tags:“Ordering”Administrative Behavior, legal nature, administrative order, administrative penalty
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