论行政接管的法律规制

On Legal Regulation of Administrative Take-over

行政接管是政府应对和处置金融机构和其它重要行业企业危机的行政强制措施,它的实施极易侵害被接管方及第三方的合法权益,目前我国法律对行政接管的规定很不完善。行政接管应定性为一种行政即时强制,我国应当通过制定《行政程序法》并结合有关单行立法的规定,从实体与程序两个层面对行政接管进行全面的法律规制。

The administrative take- over is an important method for the government to deal with the crisis of financial institutions as well as other important enterprises. Its implementation possibly infringes upon the legal rights of the party taken over and the third party. However, the current legal system makes fewer stipulations for the administrative take - over. The administrative take - over should be defined as a sort of prompt administrative coercion. We propose a comprehensive planning of the administrative take - over laws.