诉作为执行内容的行政行为50.ppt

Administrative LawDr. He Chench1797@
Chapter 7: Administrative Coercion
General Introduction
Compulsory Administrative pulsory Execution
General Introduction
concept
Administrative coercion refers that administrative subject pulsory measures on the personal freedom, property and so forth of counterpart in order to realize administrative aim.
range
The range of administrative coercion pulsory administrative measure pulsory execution, while the two have se’vere distinction:
1) their ’premises are pletely the pulsory execution must be premised on the counterpart responsible for some kinds of duties, pulsory administrative measure must not require the counterpart to be responsible for some kinds of duties, ans could adopt it by themselves under certain conditions, such as prompt administrative coercion.
2) their aims are different
the aims pulsory execution are to force the counterpart to perform duties, pulsory administrative measure is to ensure normal order of administrative management, to stop illegal act, to prevent the evidence from being damaged, to keep from harms happening, to control the larger danger.
适用主体
适用条件
主要类型
主要特征
是否可诉
强制措施
无特殊要求
实现特定的行政目的
对人强制扣留、隔离疏散、传唤;对物强制检验查封、扣押冻结等
临时性、非制裁性
诉强制措施
强制执行
公安国安等特定行政机关和法院
不履行先在行为确定的义务
间接强制如代履行、执行罚;直接强制如划拨、收缴、拆除
替代性、有时带惩罚性
诉作为执行内容的行政行为
administrative coercion and other relevant concepts
administrative coercion pulsory measure of administrative litigation(诉讼)
the latter can be applied only by court in the activity of administrative litigation
administrative coercion and administrative penalty
The natures
The ’purposes
The legal consequences
The applicable frequencies
The results of action
administrative coercion and rehabilitation-through-labour