《行政诉讼法》将行政强制措施明确规定为可诉性具体行政行为,最近生效的《国家赔偿法》又将其列入了行政机关的赔偿范围。在司法实践中,因相对人不服行政机关的行政强制措施而导致的行政诉讼案件呈逐年上升的趋势,各级工商行政管理机关在执法过程中有时不可避免地要采取行政强制措施,因此保证措施的合法性已成为我们工作中一个值得注意的问题。 The Administrative Procedure Law explicitly stipulates administrative coercive measures as specific administrative actions that can be sued. The recently enacted “State Compensation Law” includes them in the scope of compensation of administrative organs. In judicial practice, the number of administrative lawsuits caused by the opposing administrative enforcement measures of the administrative organ tends to increase year by year. The administrative authorities for industry and commerce at all levels sometimes inevitably take administrative coercive measures during the enforcement process. Therefore, the guarantee measures The legitimacy of our work has become a noteworthy issue.