On The Nature Of "ordering Demolition Within A Time Limit" - And On The Positioning Of Administrative Orders In The Administrative Behavior Syste

Executive order is a regulatory means with dual functions of administrative control and private autonomy,and it is not uncommon in the process of administrative management.However,in practice,executive orders come in various forms and are expressed differently.Although most administrative orders appear in the form of ordered administrative actions,not all actions have same nature.In practice,the disagreement on the characterization of "ordered to dismantle within a time limit" is a prominent manifestation.Since the "conceptual inclusion model" artificially cuts the social relations full of connections and mutual penetration in real life,it is expected to form an idealized category system of either one or the other.As a result,it is difficult for judicial organs to characterize "ordered to dismantle within a time limit" through the concepts of administrative orders,administrative penalties,and administrative coercion.This has led to difficulties and differences in the characterization of "ordering to dismantle within a time limit" in practice.It is the most common situation in judicial practice to characterize "order to demolish within a time limit" as administrative punishment,and there are not a few courts that hold the view of administrative coercion.There are also a number of courts that have not responded positively to the nature of "ordering to demolish within a time limit".In general,courts at all levels and localities have great differences in the characterization of "ordering to demolish within a time limit",which is of course related to differences in individual cases,but also related to the irregular expression of laws and regulations.Ignoring the command.In the research,there are numerous monographs on administrative punishment and administrative coercion,while the works on administrative orders are better than none.However,there are still some courts that clearly define "ordering to dismantle within a time limit" as an administrative order.The main idea of these judgments is to compare and distinguish the characteristics of "ordering to dismantle within a time limit" from administrative punishment or administrative compulsion,finally come to the conclusion that it is neither administrative punishment nor administrative compulsion.And combined with executive order is not sanctioned,it is finally determined that "ordering to dismantle within a time limit" is an executive order.This paper firstly analyzes the nature of "ordered to dismantle within a time limit" from three aspects: administrative punishment,administrative coercion and staged administrative behavior.Secondly,it compared the similarities between "ordered to demolish within a time limit" and the basic elements of the administrative order,and also compared the consistency of the functions of "ordered to demolish within a time limit" and the administrative order,and finally made a preliminary determination of its nature.In order to better grasp the qualitative differences in judicial practice of "ordering to dismantle within a time limit",this paper also makes a preliminary analysis of the reasons for the differences from four aspects,and believes that the lack of independence of executive orders is the root cause of the differences.In order to resolve this disagreement,this paper attempts to propose four solutions,hoping to further clarify the nature of the executive order of "ordering to dismantle within a time limit" through these four approaches.In this process,the article further explains the features,functions and meanings of executive orders.The in-depth analysis of the nature of "ordering to demolish within a time limit" provides a theoretical basis for the analysis of the positioning of administrative orders in administrative actions.The fourth chapter of this paper analyzes the relationship between administrative order,administrative punishment and administrative compulsion from a broader perspective,based on "ordering to demolish within a time limit",and also analyzes the importance of administrative order as a basic administrative act.Finally,a multi-stage and multi-level administrative regulation model based on administrative decisions such as administrative orders is constructed.In this part,the article focuses on the consideration of the subjective malignancy of the counterparty by the model,and believes that the model is conducive to giving play to the role of supervising the counterparty,regulating the law enforcement activities of administrative agencies,and building a modern Administrative concept.