Discussion On The Characteristics Of Charging Correction And Its Legal Control

To most administrative law scholars, charging correction is a both familiar and unfamiliar topic on administrative practice. It is familiar because charging correction is one of the common method used in public administration by public security, industry and commerce, environmental protection, taxation, health and epidemic security, national security and many other state administrative organs. The content of charging correction is closely related to people's interests as it concerns the fields among economy, science and education, culture and health. It is unfamiliar because the academic study on the practice of charging correction in administrative community started rather late. It is in the late 1990s that charging correction gradually aroused the concern from domestic scholars and could be found here and there in some administrative law textbooks. The study on charging correction in academe is still vague and confused until today as the exposition on the legal characteristics, name and type, process control and law guidelines is not definite and consistent. There is not a unified, comprehensive and systemic understanding on the theoretical study of charging correction. On the other hand, in the course of some practice of law enforcement, some acts such as violation against law, exceeding one's power, abuse of one's power and unreasonable behavior frequently occur because of the lack of legal guidelines and reunification of procedural requirements, which infringes the legal rights and interests of citizens, legal person or organization entitled to intellectual property rights. Existing widely in various ways in social life, charging correction has not got sufficient attention and deep awareness from the executive body and relative person. Compared with other administrative practices, it is one of relatively weak links. Therefore, an emphasis on the theoretical study of charging correction and an enhancement on the understanding of characteristics and legal control of charging correction is not only the development and enrichment of the theory system of administration, but also lays the groundwork for administrative practices to standardize the charging correction and protect the legal rights and interests of citizens, legal person or organization entitled to intellectual property rights. It can be said that the study on charging correction has a certain value in theory research and significance in practice.In this paper, there are two aspects of the whole content. One is to determine the legal characteristics of charging correction while the other is to strengthen the study on the legal control of charging correction so as to standardize the charging correction on legislation, implementation procedures and legal remedies.There are six chapters of the article. The first chapter is introduction which mainly focuses on why it is necessary to strengthen the study of charging correction, the status of the research of charging correction at home and abroad, and the research methods and technology lines in charging correction.Chapterâ…¡is an outline of charging correction. There will be a further comprehensive understanding according to the definition, classification and characteristics of charging correction.Chapterâ…¢is the analysis of the character of charging correction. By comparing, it explains that the legal characteristics of charging correction is neither administrative punishment nor administrative enforcement, but one of the executive orders. At the same time, it compares and analyzes charging correction and relative concepts as administrative punishment, administrative enforcement, warning and ordering the suspension of business and production.Chapterâ…£is to list the main problems existing in the system of charging correction from legislation, implementation procedures, name and type and legal remedies.Chapterâ…¤is to illustrate how to strengthen the research on legal control of charging correction on conductor, administrative executor, content and procedures on the basis of legality of determination and rationality of principle.Chapterâ…¥is to improve the legal remedies of charging correction from the three systems of administrative review, administrative litigation and administrative compensation.