“取缔”行政行为的法律属性之争至今尚未定论,一直影响着对“无证生产经营”违法行为的查处效果。本文认为,卫生行政执法中,无须考虑其最终“归属”。“取缔”不论属于行政处罚,还是界定为行政强制措施,均不应影响该行政行为的具体操作和效果。 The controversy over the legal attributes of the “banned” administrative act has not yet been finalized and has been affecting the investigation and prosecution of the unlawful conduct of “unlicensed production and operation”. This article argues that health administrative law enforcement, without regard to its final “ownership ”. “Ban ” Whether it belongs to the administrative penalty, or defined as administrative coercive measures, should not affect the specific actions and effects of the administrative act.