Interpretation of the Administrative Coercion Law, Judicial Interpretation of the Administrative Coe

Standardizing the implementation of administrative coercive measures is one of the key points of administrative coercive legislation. This article is a general procedure for the implementation of administrative compulsory measures, and it is also a basic procedural requirement, and the procedural requirements shall not be reduced except for the procedures for post-event reporting and approval provided for in article 19 of this Law. The procedures listed in this article can be divided into internal and external procedures.

I. Internal Procedures Before implementing administrative compulsory measures, a report must be made to the responsible person of the administrative organ and approved. Administrative coercive measures are directly related to the basic rights of the people of public land, such as personal rights and property rights, and cannot be left to the discretion of administrative law enforcement personnel, and must be reported to the responsible person of the administrative organ and approved, that is, it is generally necessary for the administrative organ to make a written decision, which is the main difference between China's administrative compulsory measures and foreign immediate coercion. There is no concept of administrative coercive measures in foreign countries, and the term "immediate coercion" is used, that is, administrative coercive measures are implemented on the spot, and the scope of application is relatively narrow, mainly police power.

Administrative coercive measures in China are generally applied, so they must be approved. However, in some emergency situations, it is sometimes necessary to implement administrative coercive measures on the spot, and it may not be too late to report to the person in charge of the administrative organ, and the procedures for prior reporting and approval may not be implemented, but it should also be reported within 24 hours and the approval procedures should be completed. Administrative law enforcement personnel violate internal procedures, except for administrative decisions, it is difficult for the parties to know, more administrative law enforcement personnel bear responsibility for violations of law and discipline, does not directly lead to the violation of administrative acts.

The above is some relevant information about the interpretation of the Administrative Coercion Law.

The Administrative Coercion Law is an important law that regulates the establishment and implementation of administrative compulsion, guarantees and supervises the performance of duties by administrative organs in accordance with the law, safeguards public interests and social order, and protects the legitimate rights and interests of citizens and legal persons. Administrative coercion consists of two parts:

The first is administrative coercive measures, that is, in the process of implementing administrative management, the administrative machine guesses that the government temporarily restricts the personal freedom of citizens in accordance with the law, or implements temporary control over the property of citizens and legal persons;

The second is administrative compulsory enforcement, that is, the act of an administrative organ or an administrative organ applying to a people's court to compel citizens or legal persons who fail to perform a legally effective administrative decision to perform their obligations in accordance with the law. The Administrative Coercion Law was passed by the 21st Session of the Standing Committee of the Eleventh National People's Congress on June 30, 2011, and came into force on January 1, 2012.

1. Scope of application of the Administrative Coercion Law:

The scope of application of the Administrative Coercion Law is the establishment and implementation of administrative compulsion. However, where natural disasters, accidents, public health incidents, social security incidents, or other emergencies occur or are about to occur, and the administrative organs take emergency measures or temporary measures, as well as the administrative organs adopt prudential supervision measures for the financial industry, or compulsory technical monitoring measures for inbound and outbound goods, they shall be implemented in accordance with the provisions of relevant laws and administrative regulations.

That's all there is to it, do you understand?

Article 1 of the Administrative Coercion Law of the People's Republic of China: This Law is formulated on the basis of the Constitution in order to regulate the establishment and implementation of administrative compulsion, to safeguard and supervise the lawful performance of duties by administrative organs, to preserve public interest and social order, and to protect the lawful rights and interests of citizens, legal persons and other organizations.

Article 2: "Administrative compulsion" as used in this Law includes administrative compulsory measures and administrative compulsory enforcement.

"Administrative compulsory measures" refers to the conduct of administrative organs in the course of administrative management to temporarily restrict citizens' personal liberty in accordance with law, or to temporarily control the property of citizens, legal persons, or other organizations, in order to stop illegal acts, prevent the destruction of evidence, avoid the occurrence of harms, and control the expansion of dangers.

"Administrative compulsory enforcement" refers to the conduct of administrative organs or administrative organs applying to the people's courts to compel the performance of obligations in accordance with law against citizens, legal persons, or other organizations that do not perform on administrative decisions.

The Administrative Coercion Law is an important law that regulates the establishment and implementation of administrative compulsion, safeguards and supervises the lawful performance of duties by administrative organs, safeguards public interests and social order, and protects the legitimate rights and interests of citizens and legal persons. Administrative coercion, including administrative coercion and administrative coercion.

Section 1 General Provisions Article 16: Administrative organs performing administrative management duties are to implement administrative compulsory measures in accordance with the provisions of laws and regulations. Where the circumstances of the illegal conduct are obviously minor or there is no obvious harm to society, administrative compulsory measures may not be employed. Article 17: Administrative compulsory measures are to be implemented by administrative organs provided for by laws and regulations within the scope of their legally-prescribed authority.

The power of administrative compulsory measures must not be delegated. Administrative organs exercising relatively centralized administrative punishment power in accordance with the provisions of the "Administrative Punishment Law of the People's Republic of China" may implement administrative compulsory measures related to administrative punishment power as provided for by laws and regulations. Administrative compulsory measures shall be carried out by qualified administrative law enforcement personnel of administrative organs, and must not be carried out by other personnel.

Article 18: Administrative organs carrying out administrative compulsory measures shall comply with the following provisions: 1. Before implementation, they must report to the responsible person of the administrative organ and obtain approval; 2. Implemented by two or more administrative law enforcement personnel; 3. Present law enforcement identity documents; 4. Notify the parties to be present; 5. Inform the parties on the spot of the reasons and basis for taking administrative compulsory measures, as well as the rights and remedies enjoyed by the parties in accordance with the law; 6. Listen to the statements and defenses of the parties; 7. Make on-site records; 8. The on-site record is to be signed or sealed by the parties and administrative law enforcement personnel, and if the person refuses to do so, it is to be noted in the record; 9. Where the parties are not present, the witnesses are invited to be present, and the witnesses and administrative law enforcement personnel are to sign or affix seals to the on-site record; 10. Other procedures stipulated by laws and regulations. Article 19: Where the situation is urgent and it is necessary to implement administrative compulsory measures on the spot, the administrative law enforcement personnel shall report to the responsible person of the administrative organ within 24 hours and complete the approval formalities.

Where the responsible person for an administrative organ finds that administrative compulsory measures should not be employed, they shall immediately lift them. Article 20: In addition to performing the procedures provided for in article 18 of this Law, the following provisions shall also be complied with in the implementation of administrative compulsory measures restricting citizens' personal liberty in accordance with the provisions of law: 1. The administrative organ, location, and time period for implementing administrative compulsory measures to be notified immediately after the administrative compulsory measures are notified on the spot or immediately after the administrative compulsory measures are implemented; 2. Where administrative compulsory measures are implemented on the spot under the emergency circumstances of the emergency in the hall, after returning to the administrative organ, immediately report to the person in charge of the administrative organ and go through the approval formalities; 3. Other procedures prescribed by law.

The imposition of administrative coercive measures restricting personal liberty may exceed the statutory time limit. Where the purpose of implementing administrative compulsory measures has already been achieved or the conditions have disappeared, they shall be immediately lifted. Article 21: Where illegal conduct is suspected of being a crime and shall be transferred to the judicial organs, the administrative organs shall transfer the sealed, seized, or frozen property together, and inform the parties in writing.