“行政命令”是由美国总统作为联邦最高行政首长对联邦所属各机构发布的具有法律效力的指示,是总统执行法律、形成和推行自己政策的重要手段。行政命令不受《联邦行政程序法》调整,在制定权基础、制定程序和涉及领域方面有自己的特殊之处。行政命令受到法院和国会的制衡。行政命令在制定权基础、规范路径和监督机制等方面对中国的行政立法和行政规定有一定的借鉴和启示意义。 “Executive Order ” is a legally binding instruction issued by the President of the United States as the highest administrative head of the Commonwealth to the federal agencies and is an important means for the President to enforce the law and form and implement his own policies. Administrative orders are not regulated by the Federal Administrative Procedure Act and have their own special features in establishing the basis of power, establishing procedures and covering areas. Administrative orders are subject to checks and balances between the courts and parliament. Administrative orders have certain reference and enlightenment significance to China’s administrative legislation and administrative regulations in terms of establishing the basis of power, standardizing the route and supervising mechanism.