Research On The Legal Regulation Of Executive Orders Affecting Contract Performance

In recent years,the issue of contract performance under the influence of administrative orders has become increasingly prominent,triggering a series of contract disputes,such as "violation of the new real estate deal" and "violation of the suspension order policy." The issue of contract performance under the influence of administrative orders should have always been a research hotspot in academia and practice,but in fact it has become a "cold spot" and practical problem in academia,so how to properly handle these issues is particularly important.The reason is that from the perspective of administrative law,because the theoretical nature of administrative orders is not clear,it is easy to cause abuse of rights and unclear ownership during the execution of administrative actions.From the perspective of contract law,due to the unclear nature of the administrative order,it is difficult for the court to make a ruling in judicial practice.Different judgments occur in the same case,which damages the legitimate rights and interests of the parties.In view of the intersecting nature of civil affairs in the administrative order that affects the performance of the contract,its solution requires a comprehensive discussion of contract law and administrative law.Therefore,from the perspective of civil and administrative affairs,this article first takes the legal characteristics of contract performance caused by administrative orders as an entry point,clarifies the conceptual characteristics of administrative orders and contract performance,and then starts from the specific content.The attributes of administrative orders clarify what is law and contract law,which are two levels of law and regulation research.Secondly,sort out the relevant cases such as the policy "stop work order" and the real estate "purchase restriction order",analyze the relationship between the administrative order affecting the performance of the contract and the two major laws,and when the administrative order occurred.Use situation changes,force majeure,commercial risks and other situations to conduct in-depth analysis,and try to use typical research methods to solve the dilemma of contract performance in judicial practice.Finally,from strengthening the types of administrative orders,distinguishing abstract administrative orders from specific administrative orders,improving the pre-regulation of administrative orders and ensuring the continuity of administrative orders,etc.,it affects administrative regulations and administrative orders to perform the contract.The regulations made recommendations.In order to improve the theoretical support of administrative orders,it also provides a reliable way to solve practical problems.