行政机关借助第三人的力量来完成任务,在现代行政实务上屡见不鲜,尤其是行政强制拆迁。过去行政机关没有一套严格程序去规范,导致许多违法拆迁的案例发生。新出台的《行政强制法》明确规定行政强制必须符合法律保留原则、正当法律程序原则和比例原则等要件,对第三人参与施行明示排除和明示许可的规定,并对明示许可严格规定其要件。但是,《行政强制法》对第三人参与的法律地位却未有明确规定,是需要探讨并解决的问题。 With the aid of the power of the third party, the executive organ accomplishes its task, which is not uncommon in modern administrative practice, especially for administrative forced evictions. In the past, the executive authorities did not have a rigorous set of procedures to standardize and led to many illegal demolition cases. The newly enacted Administrative Coercion Law clearly stipulates that administrative coercion must comply with the legal reservation principle, the principle of due process of law and the principle of proportionality, etc., and impose explicit exclusion and express permission on the third party and explicitly stipulate its requirements . However, the legal status of the third party in the “Enforced Law” is not clearly stipulated, which is a problem to be explored and solved.