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首次在法律中规定非强制手段是《行政强制法》的贡献。非强制手段法律化是行政民主化和公私利益均衡化的产物,它的出现改变了我国行政行为制度体系中强制行为独揽天下的局面。尽管《行政强制法》规定了催告履行和协议执行两种非强制手段,但对于非强制手段而言,其制度供给无疑是不够的;必须跳出《行政强制法》的框架并结合非强制行政的制度化实践,才能构建起符合非强制手段属性的规范体系。
For the first time, it is stipulated in the law that non-coercive means are the contribution of the “Administrative Enforcement Law.” The legalization of non-mandatory means is the product of the democratization of administration and the equalization of public and private interests, and its appearance has changed the situation in which the compulsory acts dominate the system of administrative action in our country. Although the Administrative Enforcement Law provides for two kinds of non-compulsory measures of reminding execution and agreement enforcement, the system supply is undoubtedly not enough for non-mandatory means; it must be out of the framework of the “Administrative Enforcement Law” and in combination with the non-mandatory administrative Institutionalized practice, in order to build a normative system consistent with the attributes of non-mandatory means.