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历经漫长的立法进程,此次《行政强制法》的出台为我国行政强制的规范行使提供了较为明确的法律依据,有很多值得肯定之处。与此同时,在行政强制设定、程序、救济等方面仍然有值得进一步完善的地方。在关照立法完善的同时,行政强制的有效实施仍然受其他因素的制约,只有在各方面制约因素完善的前提之下,行政强制的法治化才能得以实现。
After a long process of legislation, the promulgation of the “Administrative Compulsory Law” has provided a fairly clear legal basis for the normative exercise of administrative coercion in our country. There are many things worthy of recognition. At the same time, there are still some areas worth further improvement in the areas of administrative compulsory establishment, procedures and remedies. While taking care of the improvement of the legislation, the effective enforcement of administrative coercion is still restricted by other factors. Only under the premise of perfect restriction of all aspects, the rule of law by administrative coercion can be realized.