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行政强制执行制度是行政强制法的重要内容。然而在行政强制法草案交付立法机关审议之际,学界对行政强制执行权的性质却仍未达成一致意见。对于行政机关自力执行行为的性质出现了具体行为说、事实行为说等诸多学说。这些学说均有可借鉴之处,却亦有不足之处。综合现有诸多观点,行政机关自力执行行为的性质应当兼有具体行为和事实行为的两重性质。
Administrative Enforcement System is an Important Content of Administrative Enforcement Law. However, when the draft for administrative enforcement law is handed over to the legislature for consideration, there is still no consensus on the nature of the administrative enforcement power. For the nature of self-executing acts of administrative organs, there have been many specific theories of behavior, factual behavior and so on. There are some lessons to be learned from these theories, but there are also some shortcomings. Based on a number of existing points of view, the nature of the self-executing actions of administrative organs should have both the specific behaviors and the de facto behaviors.