也谈行政行为的执行力

On Enforcing Effectiveness of Administrative Act

执行力实际上仅为下命的行政行为所特有,其发生亦需以相对人逾期不履行为前提。此两点在我国大陆地区行政法学上长期以来未曾得到过承认与阐述,不少学者甚至还作出了明确的扩大解释。此种扩大解释不仅将导致行政行为的强制执行与行政行为内容的实现相混同,亦将使拘束力被执行力全面取代从而丧失独立存在地位,最终甚至将彻底地颠覆整个行政行为效力理论,有必要及早纠正。

Enforcing effectiveness is actual an effectiveness of the administrative act that enact a kind of ohligation for specific person. And it will not act until the term come to expiration while the person still didn ＇t perform the obligation. Unfortunately, so far these two points have not been admitted in our China's Mainland. Many authors even definitely made their widened interpretation. This interpretation will not only make enforcing effectiveness be equal to the implementing of administrative act, but also will make constraining effectiveness be replaced by enforcing effectiveness totally, At last, it will destroy the whole theory of the effectiveness of administrative act; therefore it should he corrected as soon as possible.