On Ordering Correction As A Kind Of Administrative Penalty

The behavior of administrative order is a kind of complicated behavior in the form of administrative behavior and there is no clear definition in the legislation.Current legislation shall be ordered to correct,ordered deadline to correct,and is called "other administrative order" is actually a "shall be ordered to correct the terms of a large number of existence," but "shall be ordered to correct qualitative not clear exactly how should",because of the administrative punishment,administrative commands,compulsory administrative measures,such as prior procedures of administrative punishment views diverge,the administrative subject in administrative law enforcement in the practice of how to standardization for "rectification" and how the judicial organs have great differences in cases involving the referee shall be ordered to correct.Therefore,it is necessary to clarify the nature of the order to correct.Through to the administrative penalty types of theory development,the introduction of penalty theory,for they shall be ordered to correct the legal properties shall be determined,and shall be ordered to correct the behavior of the applicable case typed,with more response according to the theory and realistic problem,improve shall be ordered to correct the system architecture in the continuously explore,to promote the unity and standardization of shall be ordered to correct for.This paper is divided into five parts.The first part is the introduction part.This part mainly analyzes and studies the value of the behavior of ordered correction and the research status of ordered correction as well as the difference of views.The second part is the legislation and application of the order to correct,mainly from the current legal text,the application of administrative law enforcement practice and judicial practice analysis of the order to correct the expression and application of diversification;The third part enumerates the reasons and typical behaviors for ordering correction to be included in the types of administrative penalty,mainly analyzes the reasons for ordering correction to be included in the types of administrative penalty,the attributes of administrative penalty for ordering correction,and the types of behavior for ordering correction to be included in the types of administrative penalty.The fourth part mainly demonstrates that the order to correct as a kind of administrative penalty attribution,the introduction of relief penalty theory,will be ordered to correct the attribution of relief penalty;The fifth part mainly expounds the path of normalizing the order to correct the penalty behavior,and analyzes it from the perspective of the scope of application of normalizing the order to correct,the execution of the order to correct and the remedy way of the administrative counterpart.The last part is the conclusion of the analysis of the shortcomings of the article.