Which is not an administrative coercive measure?

1. Administrative coercive measures can only be taken by administrative entities, and people's courts cannot become the subject of immediate coercion.

2. The combination of the basic act and the act of taking coercive measures itself is difficult to separate in time.

3. Administrative coercive measures are taken when there is a state of emergency and the counterparty cannot be expected to perform automatically.

4. The implementation of administrative coercive measures must be authorized by the entity of the specific law.

Manner of administrative coercive measures.

There are various means and methods of administrative coercive measures, and it is impossible to describe them comprehensively, but according to the different targets of the force at the time of coercion, administrative coercive measures can be classified into the following three categories:

1) Restrictions on personal freedom.

The law should normally grant the administrative subject the right to immediately restrict personal liberty in the following circumstances: first, in a state of intoxication, psychotic episodes, etc., non-control cannot avoid the danger to the person or the safety of others; second, the intention is to commit suicide, and non-control cannot protect his life; Third, there are other situations that seriously endanger public safety or the personal safety of others, and non-control is insufficient for prevention or rescue. There are many types of restrictions on personal freedom in our legislation, such as:

Protective restraints, immediate detention, compulsory detention, compulsory search, compulsory isolation, compulsory **, on-site control, forcible dispersal, etc.

2) Various dispositions of property.

The disposition of property by administrative entities in the field of administrative coercive measures is manifested in the disposition of the four powers of ownership, namely, possession, use, income, and disposal. It is specifically manifested in the sealing, seizure, and freezing of property, the use of property, the disposition of property, and certain restrictions on the use of property.

3) Entry into residential and other places.

When there is an imminent danger to a citizen's life, body, or property, and it is impossible to rescue or stop it unless they enter a place such as a residence, it is obviously necessary to allow the staff of the administrative entity to enter immediately. However, immediate entry into a citizen's home must be expressly authorized by law.

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 places, facilities or property.

3. Seizure of property.

4. Freeze deposits and remittances.

5. Other administrative coercive measures.

According to the second paragraph of Article 2 of the Administrative Coercion Law of the People's Republic of China, administrative coercive measures refer to the acts of administrative organs in the course of administrative management, in order to stop illegal acts, prevent the destruction of evidence, avoid the occurrence of harms, and control the expansion of dangers, etc., in accordance with the law, temporarily restrict the personal freedom of citizens, or temporarily control the property of citizens, legal persons or other organizations.

Legal basis: Article 9 of the Administrative Coercion Law of the People's Republic of China.

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.

The types of administrative coercive measures that do not fall under the category are as follows: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.

Those that are not included in the above measures are not administrative compulsory measures.

Administrative coercive measures are dispositions in which administrative organs adopt coercive measures in accordance with their authority to restrict specific counterparts from exercising a certain right or compel the performance of a certain obligation. Generally speaking, it is a procedural disposition taken before the facts of the perpetrator's violation are clear.

Legal analysis: What does not belong to the category of administrative coercive measures is to order the suspension of production and business. Except for restricting citizens' personal freedom, sealing up places, facilities or property, seizing property, freezing deposits and remittances, and other administrative compulsory measures, they do not belong to the type of administrative compulsory measures.

Legal basis: Article 9 of the Administrative Coercion Law of the People's Republic of China Types of administrative coercive measures:

1) Restricting citizens' personal freedom, (2) sealing up places, facilities, or property, (3) seizing property, (4) freezing deposits and remittances, and (5) other administrative coercive measures.

What does not belong to the category of administrative coercive measures are warnings and circulars of criticism; fines, confiscation of illegal gains, confiscation of illegal property; restricting the carrying out of production and business activities, etc. Administrative coercive measures include restrictions on citizens' personal liberty and seizure of property.

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.

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

Legal Analysis: The types of administrative coercive measures are as follows: (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.

Those that are not included in the above measures are not administrative compulsory measures. The so-called "administrative coercive measures" refers to the conduct of administrative organs in the course of administrative management to temporarily restrict citizens' personal freedom 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 harm, and control the expansion of dangers; Administrative compulsory enforcement, on the other hand, refers to the act of an administrative organ or an administrative organ applying to a people's court to compel the performance of obligations in accordance with law against citizens, legal persons, or other organizations that do not perform on an administrative decision.

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

What does not fall under the category of administrative coercive measures is an order to suspend production and business. The types of administrative coercive measures include the following: (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.

"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.

[Legal basis].Administrative Coercion Law of the People's Republic of China

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.

According to Article 9 of the Administrative Coercion Law, the types of administrative coercive measures are:

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.

Those that are not included in the above measures are not administrative compulsory measures.

Legal basis: Article 9 of the Administrative Coercion Law 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 compulsory measures to be taken by the Divine Inspectorate.