有人说行政强制措施是行政行为,有人说是限制手段,也有人说是行政处罚,莫衷一是。行政强制措施到底是什么行为?法律属性上如何定位?它与行政处罚到底有何区别?这些问题一直是理论和实务界争论不休的话题,但直至《行政强制法》颁布实施的今天,似乎仍然没有定论,本文就从几个追问来尝试性地探讨这一命题。行政强制措施是事实行为吗?按照现代行政法理论,行政事实行为一经作出,即表现为一种客观存在,行为的后果是实际存在的,不能被有权机关撤销或变更,也不存在生效的问题。这种事实行为只能依附于其他行政行为而存在,是行政机关及其工作人员行使行政职权时实施的行为。它会对相 Some people say that administrative coercive measures are administrative acts. Some people say that they are means of restraining others. Some people say that they are administrative penalties. Administrative enforcement measures in the end what is the behavior? How to locate the legal attributes? It with administrative penalties in the end what is the difference? These issues have always been theoretical and practical issues endless debate, but until the “Enforced Law” promulgated today, it seems still Without a conclusion, this essay tentatively explores this proposition from several questions. According to the theory of modern administrative law, an act of administrative fact is an objective existence, and the consequences of the act are actually existing, and can not be revoked or changed by the competent authority, nor does it have effect problem. This de facto act can only exist on the basis of other administrative acts and is performed by administrative organs and their staff in exercising administrative powers. It will phase