Font Size: a A A

On The Nature And Application Of Order Correction In Administrative Law

Posted on:2022-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2506306725477474Subject:legal
Abstract/Summary:PDF Full Text Request
On the basis of exploring the behavior of "ordering correction",combining its inherent meaning,legal provisions,and the reality of legal practice,we can compare and analyze the nature of ordering correction,combine the meaning and purpose of administrative punishment,and explore the similarities and differences between the two and their application.By collecting a certain number of laws and cases and conducting case studies and case studies,it is possible to explore the universality and rationality of ordering correction as a pre-procedure for administrative punishment,and then to discuss how to regulate the implementation of order corrections,and specifically refine the applicable standards And the application process,so as to obtain operational research results in administrative law enforcement activities.The first part introduces the concept and legislation of ordering corrections.Discuss the meaning of ordering corrections from the semantic and legal levels respectively,enumerating its specific provisions in various legal documents such as the "Administrative Punishment Law",and pointing out the rich manifestations of ordering corrections.The second part summarizes the various nature theories of ordering corrections.Compare and summarize the similarities,differences and rationality of various affirmation theories,and analyze the universal applicability of the "administrative order theory".The third part focuses on the connection and application of the order of correction and the administrative penalty.First,clarify the purpose and meaning of administrative punishment,discuss the compatibility and difference between the order of correction and administrative punishment,and point out the process of convergence and application of the two from the negative consequences of refusal to correct;second,the collection involves the combined application of order correction and administrative punishment The legal provisions and cases of the law are based on the different conclusions of whether the order correction is preceded by the administrative penalty;finally,combined with the implementation structure of the various order corrections,the application of various laws and cases is analyzed,and the order correction is discussed as an administrative penalty.The application status and rationality of the pre-procedures.The fourth part puts forward suggestions for optimizing and ordering corrections to be implemented.From the point of view of the connection between the order correction and the administrative punishment procedure,it puts forward recommendations for the implementation of the first order correction and subsequent administrative punishment;at the same time,it pays attention to the remedy measures,expounds whether the "Order Correction Notice" is litigable in my country,and studies its case in combination The broad significance and value of actionable.
Keywords/Search Tags:order to correct, administrative order theory, administrative punishment, pre-procedure
PDF Full Text Request
Related items