On The Legal Nature And Application Of The Act Of Ordering Correction

The “order correction” is frequently used in the administrative enforcement.And it shows up in the law in different ways under the criterion which is stipulated in article 23 of the Law on Administrative Penalty.However,there's still controversy in the academic circle about the identification of its legal attribute.The scholars keep different views such as administrative penalty theory,administrative order theory,non-penalty theory and depending-on-timing theory.At the same time,there are issues on when to make an order correction,when to post the writ,whether to hold a hearing and how to use order correction and administrative penalty.The dissertation researches on the identification of the nature of the order correction to make the administrative organ apply the order correction in the right way.Identifying the nature of the order correction can also make sure that judicial branch would protect the legitimate interest of administrative counterpart and ensure the law-based administration.Hope the dissertation can offer some help for using the order correction in a better way.The dissertation has two main contents.One is identifying the legal attribute of the order correction with the legal structure and related cases.The other one is getting the rules of application combining the foreign countries' experience with the related cases.And the dissertation researches on the identification of the order correction and rules of application in the research method of text analysis,actual evidence and comparative analysis.At first,the dissertation analyzes the concept of the order correction through the legal explanation and the academic explanation and studies the doctrinal basis in the theory.Secondly,the dissertation has classified the order correction according to the ways of application of the order correction and administrative penalty.Meanwhile to getting the conclusion that the order correction should belong to administrative order by distinguishing the order correction and other administrative actions.Thirdly,the dissertation explores the order correction in Germany,Singapore and the U.S to get their experience on applying the order correction.In the end,the dissertation offers the rules of applying the order correction.The writer proposes the view that the order correction is part of administrative order.And at the same time,the writer keeps the view that the application of order correction should follow procedural justice so that the administrative organ should apply the order correction in the general procedurals.Besides,when the order correction is used with the administrative penalty,the effect of the order correction would be the mitigating circumstance or the aggravating circumstance.