The Study On The Disputes Of Administrative Order

After World WarⅡ, the popularity of some advanced ideas like welfare state, the service administration etc gave rise to the widenization of governmental interventions. Just because of the very widenization of administrative institutions' power , administrative institutions fulfilled their certain administrative goal by means of ordering the sub- administrative institutions and their staff either take actions or not. This form of ordering is called 'administrative order' in the circle of administrative jurisprudence. However, people hold un-unanimous views on the implications of administrative order and the problem of its litigatability in real daily life, which led to plenty of heated administrative debates. Therefore, The two aspects—the implications of administrative order and the problem of its litigatability ,have been analyzed, explored and discussed on the basis of a concrete case in this paper, .Additionally, another redeeming means is further proposed in expectation to offer useful solutions to similar cases.The paper altogether has three parts apart from the introduction, 17,000 characters approximately, the major contents are as follows:1. The Case outline and the Adjudication contents. This is a case of administrative order dispute, which refers to JianMing Food Company litigation over the government of XieHong-County. JianMing Food Company hold that the phone -instruction of the vice-County Mayor of XieHong-County, who was in charge of the vet sanitary supervision, encroached upon their legitimate rights and interests, The company resorted to administrative proceedings on April 21, 2005. The first adjudication of The Intermediate Court of SuQian City on June 22th,2005: rejecting the appeal of the plaintiff—JianMing Food Company, While the adjudication of The Higher Court in JiangSu Province was as follows: the cancellation of administrative verdict to the first—adjudication; continual trial to the case by the first—adjudication court.2. The disputed focuses of this case. According to the two different views, the focuses of this case can be reached, namely, what is the nature of the phone-instruction, and is such behavior in the scope of administrative proceedings of People's Court or not?3. Research and Analysis.①the definition of "administrative order" in the circle of administrative jurisprudence is first to be introduced in this part, on which the viewpoint of this paper is based ,②the author analyzes the features of administrative order through this concept;③three types administrative order has been enumerated.④the relationships between administrative order and law,abstract administrative behavior,administrative legislation behavior,concrete administrative behavior as well as administrative instruction behavior, etc have been discussed.⑤we have studied the problem of litigatability of administrative order, namely, the present Administrative Proceedings System only verdicts concrete administrative order, excluding abstract administrative order. Finally, we can reach he conclusion of this paper ,namely ,①1 .such phone-instruction is an administrative order behavior;②Such phone -instruction is in the scope of administrative proceeding of People' Court;③reflection on the redeeming means of this case, namely the plaintiff can definitely go to court over the dereliction of duty of the vet sanitary supervision institution, aiming at redeeming their legal rights more directly.