行政强制是国家管理社会活动的重要手段,由于管理活动的多样性与变动性,为了达到既定的行政目标,裁量在行政强制设定与实施中均有必要与体现。基于行政强制的高危性,防止裁量在强制活动中被滥用,应当以行政过程论为视角,尊重事前、事中、事后监督的原则,抓住实体法规制与程序法规制的两个方向,全面建构立法统制、行政统制、社会统制与司法统制的逻辑体系,从而保证强制裁量既有一定的活性,又有法律的正当性。 Administrative compulsion is an important means for the state to manage social activities. Due to the diversity and change of administrative activities, in order to reach the established administrative goal, the discretion is necessary and reflected in the administrative compulsory establishment and implementation. Based on the high-risk nature of administrative coercion and the prevention of the abuse of discretion in compulsory activities, we should regard the principle of administrative process as the angle of view, respect the principle of pre-event, incident and ex-post supervision and grasp the two directions of substantive law and procedural law and regulation, Construct the logical system of legislative, administrative, social and judicial control so as to ensure that the mandatory measure has both certain activities and legal legitimacy.