The difference between administrative coercive measures and administrative compulsory enforcement
Administrative coercive measures and administrative coercion are two important concepts in the field of administrative law, and although they are both administrative acts, there are obvious differences.
First, the concept is different.
Administrative compulsory measures refer to the conduct of administrative organs in the course of administrative management to temporarily restrict or control citizens' personal freedom, property, or other matters in accordance with the law, in order to stop illegal acts, prevent the destruction of evidence, avoid the occurrence of harm, and control the expansion of dangers.
Administrative compulsory enforcement refers to the act of an administrative organ or an administrative organ applying to a court to compel citizens, legal persons or other organizations that fail to perform administrative decisions to perform their obligations in accordance with law.
Second, the purpose is different.
The main purpose of administrative coercive measures is to stop illegal acts, prevent the destruction of evidence, avoid the occurrence of harm, control the expansion of dangers, etc., and the acts themselves are not the ultimate goal, but through the adoption of compulsory measures, the purpose of stopping illegal acts and protecting the public interest is achieved.
The main purpose of administrative compulsory enforcement is to realize the obligations or restrictions set by the administrative decision and ensure the implementation of the administrative decision, and its act itself is the ultimate goal.
3. The nature of the acts is different.
Administrative coercive measures are a kind of temporary and urgent coercive acts, which have the characteristics of subordination, auxiliary, and safeguards, and their application has strict restrictions and procedural requirements.
Administrative compulsory enforcement is a kind of final compulsory act, which has the characteristics of subordination, independence and finality, and its application also needs to comply with certain procedures and conditions.
Fourth, the implementation of the subject is different.
Administrative coercive measures are usually implemented by administrative organs, while administrative coercive measures are usually imposed by administrative organs or courts. In practice, administrative organs often need to apply to the court for enforcement, and the court will enforce it.
5. The legal basis is different.
Administrative coercive measures are mainly based on the Administrative Coercion Law of the People's Republic of China and relevant laws and regulations. The main basis for administrative compulsory enforcement is the Administrative Litigation Law of the People's Republic of China and relevant laws and regulations.
6. Different ways of remedy.
With regard to administrative compulsory measures, if a party believes that its lawful rights and interests have been infringed, it may file an administrative reconsideration or administrative lawsuit for relief. As for administrative compulsory enforcement, if a party believes that its legitimate rights and interests have been infringed, it may file an administrative reconsideration or administrative lawsuit for relief.
To sum up, although administrative coercive measures and administrative compulsory enforcement are both administrative acts, there are obvious differences between them in terms of concept, purpose, nature of the act, subject of implementation, legal basis and remedy. In practice, we should choose to apply the corresponding administrative acts according to the specific circumstances to protect the public interest and the realization of the legitimate rights and interests of citizens.