在《行政强制法》颁布前很长一段时间以来,国内对行政取缔的法律属性争论激烈,时至今日仍未能形成共识,造成卫生行政执法行为混乱,影响了取缔执法的效果。本文对国内学者对取缔法律属性的三类观点进行了介绍、分析与讨论,提出取缔的实质是具有强制特点的行政措施,并提出相关建议。 For a long time prior to the enactment of the “Administrative Enforcement Law,” the debate over the legal nature of administrative banning in China has been fierce. Up to now, no consensus has been reached on this issue, which has caused chaos in health administrative law enforcement and affected the effectiveness of banning law enforcement. This article introduces, analyzes and discusses the three kinds of views that domestic scholars banned legal attributes. It argues that the essence of banning is an administrative measure with mandatory characteristics and puts forward some suggestions.