What is the difference between a legal order and an obligation?

1. The nature is different.

Mandate is a kind of legal sanction, which is a sanction given by the administrative punishment implementation organ for violations of the administrative management order in accordance with the procedures stipulated in laws, administrative regulations, local regulations, rules and the Administrative Punishment Law.

An order is an order issued by an administrative organ to the offender in the course of punishment to stop or correct the violation, rather than an administrative punishment, and does not impose a new obligation.

2. The content is different.

Duty is a kind of punishment, which is a restriction or deprivation of the personal liberty and property rights of the offender, thus causing alarm.

Ordering corrections or making corrections within a time limit is not a sanction, but a correction of the consequences of the illegal act and the illegal act itself, either to stop the illegal act or to eliminate the negative consequences caused by the illegal act, which manifests itself in various forms.

3. Different forms.

The forms of orders and orders for corrections can be divided into warnings, fines, suspension or revocation of permits or licenses, detention, re-education through labor, etc.

The forms of ordering correction or correction are divided into stopping the illegal acts, ordering returns, ordering compensation, ordering corrections, demolition, and rectification within a time limit due to different specific illegal acts.

4. The direct purpose is different.

Duty is the punishment of citizens, legal persons or other organizations for illegal acts, and is the embodiment of the principle that violators must be prosecuted, with the purpose of making the offenders dare not violate the administrative order for fear of punishment;

Ordering correction is to force the person concerned to stop violating the law or to perform the law-abiding obligations under the law, so as to correct the damaged social relations and interests.

The main differences are, different references, different emphasis and different interpretations, as follows:

First, the reference is different.

1. Obligation. It refers to the designation of a person or organization to do something.

2. Order. It means ordering someone or an organization to be responsible for doing something.

Second, the emphasis is on different expressions.

1. Obligation. Specify that something will be done.

2. Order. The command is responsible for doing something.

3. Different citations and interpretations.

1. Obligation. "On the Question of Agricultural Cooperatives": "Regardless of the work of building cooperatives or the work of reorganizing cooperatives, local cadres in the villages should be the main force, and they should be encouraged and instructed to do so. ”

2. Order. Xu Xingye, Chapter 3 of "The Lack of Jinou": "Wang Hao's sentence may have been instructed or modified by the official family, and he cited scriptures to justify it and ordered the attacker. ”

An order is generally an administrative order (such as an administrative document such as a notice of correction and other administrative documents) of the administrative department in administrative law enforcement for specific illegal acts and against the person subject to enforcement.

Instructions are specific work instructions from the higher-level leading organs to the lower-level organs or lower-level staff.

The order must be executed; The mandate is to be carried out.

There are still some differences.

The distinction between an order and an order is as follows:

1. The reference is different, and the person or organization is instructed to accomplish something. An order is an order to order a person or agency to be responsible for doing something.

2. The emphasis is different, the obligation is a legal sanction, which is the administrative punishment implementation organ for the violation of the administrative management order, and the order is that the administrative organ requires the violator to stop or correct the illegal act in the process of punishment, and it is an order issued to the violator, not an administrative punishment.

Legal basisArticle 9 of the Administrative Punishment Law of the People's Republic of China.

Types of administrative penalties:

1) Warnings and circulars of criticism;

2) Fines, confiscation of unlawful gains, and confiscation of illegal property;

3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses;

4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment;

5) Administrative detention;

6) Other administrative punishments provided for by laws and administrative regulations.

What is the difference between ordering rectification within a time limit and ordering rectification within a time limit.

1. The nature is different. Administrative punishment is a kind of legal sanction, which is the administrative punishment implementation organ for violations of the administrative management order, ordering correction or correcting the illegal act within a time limit, and the administrative organ requires the violator to stop or correct the illegal act in the process of punishment;

2. The form of administrative punishment is different from the form of ordering corrections. Ordering corrections or making corrections within a set period of time may take the form of stopping the illegal conduct, ordering return, ordering corrections, demolishing within a set period of time, or setting a time limit for rectification;

3. There is a difference between the direct purpose of administrative punishment and ordering corrections. Administrative punishment is the punishment of citizens, legal persons or other organizations for illegal acts, and is the embodiment of the principle that violations must be investigated, so that the violators dare not violate the administrative order for fear of punishment; Ordering correction is to force the person concerned to stop violating the law or to perform the law-abiding obligations under the law, so as to correct the damaged social relations and interests.

Legal analysis: Duty is a kind of legal sanction, which is the sanction given by the administrative punishment implementation organ for violations of the administrative management order in accordance with the procedures stipulated in laws, administrative regulations, local regulations, rules and the Administrative Punishment Law.

An order is an order issued by an administrative organ to the offender in the course of punishment requiring the offender to stop or correct the illegal act, rather than an administrative punishment.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 7: Where citizens, legal persons, or other organizations receive administrative punishments for violating the law, and their illegal conduct causes harm to others, they shall bear civil liability in accordance with law. Where the illegal conduct constitutes a crime, criminal responsibility shall be pursued in accordance with law, and administrative punishment must not be substituted for criminal punishment.

This article changes the intelligent discovery.

Administrative Licensing Law of the People's Republic of China Article 66 If the licensee fails to perform the obligation to develop and utilize natural resources in accordance with the law or fails to perform the obligation to use public resources in accordance with the law, the administrative organ shall order it to make corrections within a time limit; If the licensee does not make corrections within the prescribed time limit, the administrative organ shall deal with it in accordance with the provisions of relevant laws and administrative regulations.

Duty is a kind of legal sanction, it is the administrative punishment implementation organ for the violation of the administrative management order, the order is the administrative organ in the process of punishment to require the violator to stop or correct the illegal act, is a kind of act order issued to the violator, not an administrative punishment, and does not impose a new obligation.

Article 8 of the Administrative Punishment Law of the People's Republic of China.

Types of administrative punishments: (1) Warnings; (2) Fines; (3) confiscating unlawful gains or confiscating illegal property; (4) Ordering the suspension of production and business; (5) Temporarily withholding or revoking permits, or suspending or revoking licenses; (6) Administrative detention; (7) Other administrative punishments provided for by laws and administrative regulations.

The above is only the current information of orange branch wax combined with my understanding of the law, please refer to it carefully!

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