Types of administrative compulsory measures

The types of administrative compulsory measures include:

1, restriction of personal freedom According to the provisions of relevant laws, the administrative organ may restrict the personal freedom of the administrative counterpart when the administrative counterpart is in a state of drunkenness or mental illness. , out of control can't prevent the administrative counterpart from harming himself or posing a threat to others, the administrative counterpart wants to commit suicide, out of control can't protect his life, the administrative counterpart has other situations that seriously endanger the safety of the public or others, and out of control can't stop or help;

2. Dispose of property. In the process of administrative law enforcement, administrative organs can dispose of relevant property according to law, which involves four ownership rights, that is, administrative organs can possess, use, benefit and dispose of relevant property according to law. In practice, administrative organs take administrative compulsory measures to dispose of property, which is embodied in sealing up, detaining, freezing, using, disposing and restricting the use of property.

3. When a citizen's life, body and property are in danger when entering a residence or place, it is obviously necessary to allow the staff of the administrative organ to enter the residence or place in time and take certain measures. It should be pointed out that timely entry into citizens' houses must be explicitly authorized by law.

legal ground

Types of administrative compulsory measures in Article 9 of the Administrative Compulsory Law of the People's Republic of China:

(1) restricting the personal freedom of citizens;

(2) sealing up places, facilities or property;

(3) seizing property;

(4) Freezing deposits and remittances;

(5) Other administrative compulsory measures. Article 10 Administrative compulsory measures shall be set by law. If no law has been enacted and it falls within the scope of the State Council's administrative functions and powers, administrative regulations may set other administrative compulsory measures besides the first and fourth items of Article 9 of this Law and the administrative compulsory measures that should be prescribed by law. Where laws and administrative regulations have not been formulated and belong to local affairs, local regulations may set administrative compulsory measures in items 2 and 3 of Article 9 of this Law. Other normative documents other than laws and regulations shall not set administrative compulsory measures. Fifteenth administrative law enforcement organs should regularly evaluate the administrative coercion they set, and timely modify or abolish inappropriate administrative coercion.

The administrative enforcement organ may timely evaluate the implementation of the established administrative enforcement and the necessity of its existence, and report its opinions to the administrative enforcement organ.

Citizens, legal persons or other organizations may put forward opinions and suggestions on the establishment and implementation of administrative coercion to the establishment and implementation organs. Relevant departments should seriously study and demonstrate and give feedback in an appropriate way.