Research On Ordering Correction In Administrative Law

As a specific administrative act,ordering correction has been continuously incorporated into laws,regulations and rules in recent years.In view of the reason why all illegal acts need to be corrected,ordering correction has been widely applied in all aspects of life by administrative organs.Ranging from ordering illegal builders to dismantle illegal buildings within a time limit to ordering mobile traders to rectify the hygiene of stalls within a time limit,and ordering corrections everywhere,covering a wide range.However,the unclear nature and qualitative nature of ordering correction lead to the inconsistency of judicial judgment standards;It is ordered to correct that the content of the document is not specific,which leads to the administrative counterpart being at a loss;The application procedure of ordering to correct is imperfect,which leads to the administrative actions of administrative organs being easy to break the law and the rights of the opposite party being insecure.Behind the complicated problems,the related legislation and system are imperfect.The purpose of this paper is to find out the "symptoms" by analyzing the problems and deficiencies in the practical application of the ordering correction,and put forward countermeasures and suggestions to "fill the loopholes" and "prescribe the right medicine",so as to build a complete operation system of the ordering correction.Case analysis and comparative analysis are research methods applied in this paper.By comparing and analyzing books,academic journals and academic papers on the same and similar topics,the problems to be studied in this paper are locked and solutions are put forward;By searching for relevant administrative cases of ordering correction,this paper analyzes the problems existing in judicial judgment and refers to the judge’s judgment ideas and results,so as to fill the loopholes in the theoretical research of ordering to correct.It is not difficult to find that both theoretical research and judicial precedents have disputed the nature of administrative actions ordered to correct,but this controversy continues,so many scholars have made in-depth discussions on the nature of ordering to correct.The innovation of this paper lies in the "packaged" nature of ordering to correct,which is different from the previous research results.This paper adopts the "differentiated qualitative method" for the nature of ordering to correct,that is,specific analysis of specific problems,different expressions of ordering to correct according to the characteristics of administrative actions.Ordering actions with disciplinary characteristics are classified as administrative punishment,while other actions without disciplinary characteristics that cannot be characterized as administrative punishment are classified as administrative treatment,thus including all ordering actions with administrative characteristics.At the same time,in judicial application,different natures of ordering corrections also reflect different problems:the legislation of ordering correction in administrative punishment is imperfect,the category provisions of Administrative Punishment Law do not include all behaviors of ordering correction with punishment characteristics,and the scope of application embodied in hearing procedure provisions is relatively narrow;The regulations on the behavior of being ordered to make corrections in administrative treatment are not perfect,which leads to the controversial issue time of the notice of being ordered to make corrections,the unclear specific content of the notice of being ordered to make corrections and the failure to guarantee the legal rights of the counterpart.The uniqueness of this paper lies in a comprehensive analysis of the "potholes" and "potholes" ordered to be corrected,not letting go of any dead angle.According to different problems under different natures of behaviors,targeted and perfect countermeasures are put forward to ensure that the administrative actions ordered to be corrected run smoothly on the correct track,and ultimately protect the legal rights and interests of administrative counterparts.