Labor security supervision and ordered to correct behavior in Brief
|Keywords||supervision of the labor security ordering for rectification character judicial relief|
"Ordering for rectification" is a commen word in our administrative legislation, which can be seen in law, regulations, rules. Recent years, ordering for rectification draws many scholars’attention which becomes usual means in public and administrative management. It becomes an important thing in the research of the administrative law. Nevertheless, even now the research of ordering for rectification is still confused. On the one hand, theoretical research of the ordering for rectification has not formed a unified, overall, systemic understanding, on the other hand there are not unified procedure regulation of it in enforcement practice. In comparison with other administrative enforcement action, diverse and extensive actions of ordering for rectification are unvalued and uncomprehending by the administrative subject and the individual. Therefore, it is important to strengthen the theoretical research of the ordering for rectification and pay sufficient attention to the character of it, which can regulate it and guide the practice better to protect the people’s right.This article starts with the action of ordering for rectification in supervision of the labor security. First of all, I want to define the ordering for rectification, to reorganize the theories about it, to deduce the requirements of it. Secondly, I want to summarize the legal provisions, the practice and the the understangding of it. On the basis of it, it can be discriminated with the administrative punishment, the mandatory administrative measures and the administrative orders. By contrast, it can be proved that it is a different action with the administrative punishment, the mandatory administrative measures and the administrative orders which is done by the supervision department of the labor security to the act in violation of the labor security regulations. But under special circumstances, when it is in connection with the economic compensation and the financial reimbursement, it is a administrative determination. Thirdly, because there are no regulations on the procedure and the content of it, this article preliminary puts forward six aspects of constraction:the basic legal principle of it, the force of it, the establishment and effection of it, elimination of the flawless action, disposition of the defective action and inprovement of the regulations. Finally, according to the principle of "where there is a right there is a remedy", this article debates how to put the remedy in the administrative review system and the administrative appeal system in two aspects.