This paper discusses the main forms and elements of indirect enforcement measures.

Legal Analysis: Indirect enforcement measures include: substitute performance and enforcement penalties.

Substitute performance refers to an administrative decision made by an administrative organ in accordance with law requiring the parties to perform obligations such as removing obstructions and restoring the original state, and where the parties fail to perform within the time limit and still fail to perform after being reminded, and the consequences have or will endanger traffic safety, cause environmental pollution, or damage natural resources, the administrative organ may perform on behalf of the administrative organs, or entrust a disinterested third party to perform on their behalf. Enforcement penalty refers to the legal system in which the relevant state postpones and accompanies the organs of the country to impose sanctions on the parties who refuse to perform the specific administrative acts that have already taken effect, so as to compel the parties to consciously perform the obligations determined by the specific administrative acts.

Legal basis: Article 50 of the Administrative Coercion Law of the People's Republic of China: If the administrative organ that interferes with the slag makes an administrative decision in accordance with the law requiring the parties to perform the obligations such as removing obstructions and restoring the original state, and the parties fail to perform within the time limit, and still do not perform after being reminded, the consequences have been or will endanger traffic safety, cause environmental pollution, or destroy natural resources, the administrative organ may perform on behalf of the administrative organ or entrust a third party with no interest to perform on its behalf.

Legal Analysis: Indirect enforcement measures include: substitute performance and enforcement penalties.

Substitute performance refers to an administrative decision made by an administrative organ in accordance with the law requiring the parties to perform obligations such as removing obstructions and restoring the original state, and the parties fail to perform within the time limit, and still do not perform after being reminded, and the consequences have or will endanger traffic safety, cause environmental pollution, or damage natural resources, the administrative organs may perform on their behalf in a disorderly manner, or entrust a third party with no interest to perform on their behalf.

Enforcement penalty refers to the legal system in which the relevant state organs impose sanctions on the parties who refuse to perform the specific administrative acts that have caused disturbance, so as to compel the parties to consciously perform the obligations determined by the specific administrative acts.

Legal basis: "Administrative Compulsion Law of the People's Republic of China" Article 50: Where an administrative organ makes an administrative decision in accordance with law requiring the parties to perform obligations such as removing obstructions and restoring the original state, and the parties fail to perform within the time limit, and still do not perform after being admonished, and the consequences have endangered or will endanger traffic safety, cause environmental pollution, or damage natural resources, the administrative organ may perform on its behalf, or entrust a disinterested third party to perform on its behalf. Slow down.

Sealing, seizure, freezing, and allocation.

According to Article 9 of the Administrative Coercion Law of the People's Republic of China, there are five types of administrative coercive measures:

1) Restricting citizens' personal freedom;

2) Sealing up premises, facilities, or property;

3) seizure of property;

4) Freezing deposits and remittances;

5) Other administrative coercive measures.

Direct enforcement measures mainly include ( ) forms a, sealing, seizure b, enforcement of fines c, freezing, allocation, d, and enforcement.

Answers: a, b, c, d

Analysis: Enforceable compulsory measures refer to the adoption of certain compulsory measures by the administrative entity in order to ensure the realization of the obligations of the administrative counterpart determined by laws, regulations, rules and other administrative normative documents, as well as the administrative decisions made by the administrative subject itself, to compel the counterpart who refuses to perform the corresponding obligations to perform its obligations or to realize the corresponding obligations through other statutory means.

Enforcement compulsory measures include direct enforcement measures such as sealing, seizure, freezing, allocation, withholding, compulsory acquisition, and price limit**, and indirect enforcement measures such as enforcement penalties and agency enforcement. Based on the method of enforcement, enforcement measures can be divided into two categories: indirect enforcement measures and direct enforcement measures.

Direct enforcement measures: seizure, seizure, freezing, allocation, withholding, compulsory acquisition, price limit**.

Indirect enforcement measures: enforcement penalties, substitution enforcement, so choose a and c

Among the following administrative compulsory measures, sealing and seizure are indirect enforcement compulsory measures.

Legal basis: Article 250 of the Civil Procedure Law of the People's Republic of China provides for forced eviction of a house or compulsory withdrawal of land, and the president shall issue a public notice ordering the person subject to enforcement to perform within a specified period of time. If the person subject to enforcement fails to perform within the time limit, the executor shall enforce it.

At the time of compulsory enforcement, if the person subject to enforcement is a citizen, the person subject to enforcement or his adult family members shall be notified to appear; Where the person subject to enforcement is a legal person or other organization, their legally-designated representative or principle responsible person shall be notified to appear. Where they refuse to appear, enforcement is not impacted. Where the person subject to enforcement is a citizen, their work unit or the basic-level organization where the house or land is located shall send people to participate.

The executive shall record the compulsory execution in the Bi Min Hu Lu, and the person present shall sign or affix a seal.

The people's court is to appoint someone to transport the property that has been forcibly moved out of the house in the source and hand it over to the person subject to enforcement. The person who is executed is a citizen, and it can also be handed over to his adult family members. The losses caused by the refusal to accept shall be borne by the person subject to enforcement.

Indirect administrative compulsory enforcement, including mainly methods such as performance on behalf of the administrative organ, refers to the method of enforcement by the administrative organ on behalf of the administrative organ or by a third party on behalf of the enforcement; Direct administrative enforcement includes the imposition of additional fines or late fees; Transfer; Auction; and removal of obstacles, restoration of the original state, etc.

1. Whether the additional fines for illegal acts can be enforced.

Fines for offences are enforceable.

China's laws stipulate that if a government organ makes an administrative decision on the obligation to pay money in accordance with the law, and the party fails to perform within the time limit, the administrative organ may impose an additional fine or a late payment penalty in accordance with the law. Where additional fines or late fees are imposed for more than 30 days, and the parties still do not perform after being reminded, the administrative organ with the power of administrative compulsory enforcement may enforce it.

2. Is the order for correction an administrative compulsory enforcement?

Ordering corrections is not administrative compulsion. The definition of administrative compulsory enforcement in the Administrative Coercion Law refers to the act of an administrative organ or an administrative organ applying to a people's court to compel a citizen, legal person or other organization that fails to perform an administrative decision in accordance with the law. Therefore, ordering corrections is not an administrative compulsory enforcement.

3. Who is responsible for the failure to pay the late fee.

If the fine cannot be paid due to reasons other than the violator, the party or unit that caused the failure to pay the penalty shall be borne by the party or unit that caused the failure to pay. The Administrative Coercion Law stipulates that the methods of administrative coercion include the imposition of fines or late fees; transfer of deposits and remittances; auctioning or lawfully disposing of sealed or seized venues, facilities, or items of wealth; removal of obstacles and restitution; Proxy performance; and other means of enforcement.

Article 12 of the Administrative Coercion Law of the People's Republic of China.

Methods of administrative enforcement:

1) Impose additional fines or late fees;

2) Transferring deposits and remittances;

3) Auctioning or lawfully disposing of sealed or seized venues, facilities, or property;

4) Removing obstructions and restoring the original state;

5) Substitute performance;

6) Other methods of compulsory enforcement.

Article 9 of the Administrative Punishment Law of the People's Republic of China.

Types of administrative penalties:

1) Warnings and circulars of criticism;

2) Fines, confiscation of unlawful gains, and confiscation of illegal property;

3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses;

4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment;

5) Administrative detention;

6) Other administrative punishments provided for by laws and administrative regulations.

Indirect enforcement measures include: substitution of performance and enforcement penalties. Substitute performance refers to the administrative decision made by the administrative organ in accordance with the law requiring the parties to perform the obligations such as removing obstructions and restoring the original state, and the parties fail to perform within the time limit, and still do not perform after being reminded, and the consequences have or will endanger traffic safety, cause environmental pollution or damage natural resources, the administrative organ may perform on behalf of the administrative organs, or entrust a third party with no interest in the sail liquid to perform on their behalf.

Enforcement penalty refers to the legal system in which the relevant state organs impose sanctions on the parties who refuse to perform the specific administrative acts that have already taken effect, so as to compel the parties to consciously perform the obligations determined by the specific administrative acts. Law.

Article 12 of the Administrative Coercion Law of the People's Republic of China provides for the following methods of administrative compulsory enforcement: (1) imposing additional fines or late fees; 2) Transferring deposits and remittances; 3) Auctioning or lawfully disposing of sealed or seized venues, facilities, or property; 4) Removing obstructions and restoring the original state; 5) Substitute performance; 6) Other methods of compulsory enforcement. Article 9 of the Administrative Punishment Law of the People's Republic of China Types of Administrative Penalties Huai Jiao Chong:

1) Warnings and circulars of criticism; 2) Fines, confiscation of unlawful gains, and confiscation of illegal property; 3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses; 4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment; 5) Administrative detention; 6) Other administrative punishments provided for by laws and administrative regulations.