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鉴于当下层出不穷的个案,在对行政相对人采取一系列的协调、沟通等措施无效的情况下,行政机关为了实现其行政管理的目标,必须依法运用行政强制权力,对于拒不履行法律义务或需要对其提出特殊要求的行政相对人的人身、财产和行为采取一定的强行限制措施。由此,穷尽沟通后行政强制权的行使对于依法维护国家权威、彰显社会主流价值皆有积极的影响。本文旨在构建以契合现代法治精神的强制执行机制,以期在保护公民权利与保证行政效率之间寻找到一个适当的平衡点,为实现最大程度的利益平衡贡献绵薄之力。
In the light of the current endless stream of cases, under the circumstance that a series of measures such as coordination and communication are not effective against the counterpart of the administration, in order to achieve the goal of their administration, the administrative organ must apply administrative coercive power in accordance with the law and refuse to perform legal obligations or require The people, property and behavior of the administrative counterparts who have made special requests for the adoption of certain mandatory restrictions. As a result, the exercise of administrative coercive power after exhaustive communication has a positive impact on maintaining the state authority according to law and highlighting the value of the mainstream society. The purpose of this article is to establish an enforcement mechanism that meets the modern spirit of the rule of law with a view to finding an appropriate balance between protecting civil rights and ensuring administrative efficiency and contributing modestly to achieving the maximum balance of interests.