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根据法律法规的规定,公安行政强制执行包括公安机关依法自行实施的强制执行和向人民法院申请的强制执行。但目前除单行法律、法规对行政机关自行强制执行权作出的授予性规定外,其程序性规定基本处于空白状态。应尽快将公安行政强制执行纳入法制轨道,建立一套严密规范的强制执行程序。公安机关自行强制执行的程序应包括告诫、调查与审查、决定、实施等环节;公安机关申请人民法院强制执行的程序包括申请与受理、审查、告诫与告知的履行、强制执行等环节。
Pursuant to the provisions of laws and regulations, compulsory enforcement of public security administration includes the compulsory enforcement of public security organs’ self-enforcement according to law and the enforcement application to the people’s court. However, at present, except for the granting provisions of the laws and regulations on the self-determination of the executive authorities, the procedural provisions of the laws and regulations are basically in a blank state. Enforcement of public security administration should be incorporated into the legal system as soon as possible and a rigorous and standardized enforcement procedure should be established. Procedures for public security organs to enforce themselves should include such steps as warnning, investigation and review, decision-making and implementation. Procedures for the public security organ to apply for enforcement by the people’s court include such steps as application and acceptance, review, caution and notification, and enforcement.