Research On The Typology Of Administrative Orders In China

Administrative orders are one of the early administrative acts in the administrative jurisprudence,and the theoretical studies of the civil law countries and regions have formed some typical theories.However,for our administrative jurisprudence,the executive order has always been ignored by the legislative and academic circles.Due to the guidance of China's legislative policy,the relevant legal provisions are all possible to avoid the direct use of administrative orders to achieve specific administrative purposes,which directly leads to the lack of unified legislation in the administrative order.A large number of administrative orders scattered in the provisions of the individual law are lack of normative legislative mode and exclusive legal expression.The insufficiency of the legislative supply and the marginalized regulation and policy guidance make it particularly weak in theory that its research is compared with the specific administrative acts such as administrative license,administrative coercion,administrative punishment and so on.The combination of the two will undoubtedly lead to a lack of regulation in practice.Although administrative order is a double blind area in legislative and academic fields,it exists in administrative management practice.The administrative order,which belongs to the administrative act of the same high power,has the characteristics of compulsion,the direct nature of the rights and obligations of the relative person,etc.,which can effectively realize the purpose of administrative management,and the lack of legislative supply makes the act have a major loophole in the implementation of the procedure.The lack of this procedure makes the administrative order more convenient and quick operating characteristics than administrative punishment,which makes it easier to cause abuse of power.Therefore,although the legislature does not advocate direct use of administrative orders to achieve specific administrative purposes,it does not directly deny the existence of such administrative orders,and administrative orders are abound and confusing in practice.The current situation of theory is divorced from practical needs,which makes the research demand of categorization and normalization of administrative imperative become imminent.This paper tries to make a typed study of administrative orders.Under the dual guidance of the theory of administrative behavior form and the theory of legal system,it is based on the existing recognized achievements and through the summary of the existing legal texts and judicial cases to realize the renewal and perfection of the administrative order theory of our country.Specifically,this type of thinking can be summarized as follows:through the combination of the basic characteristics of the administrative order which has already reached the basic consensus in the academic circle and the positive and negative aspects of other confusing administrative behavior core features,it can sort out the relevant administrative orders in the current legal texts of our country and determine its scope,and the scope of this scope.With judicial precedents to be confirmed and supplemented,the core features of the specific administrative orders which can be accurately distinguished from the other administrative actions are summed up,and the relevant systematic type judgment standards are established to achieve the purpose of making the administrative order behavior clearly typed.