卫生行政执法中取缔的法律属性探讨

Legal attribute and application of banning of health administrative enforcement

取缔,是卫生行政部门的重要法定职责之一。然而,长期以来取缔的法律属性却始终存在着争议。在《行政强制法》出台后,厘清行政机关取缔的法律属性,解决其法律适用问题成为必要之举。本文通过分析认为,取缔的法律属性既不是行政强制措施,也不是行政强制执行,应属于一种行政处罚。

Undoubtedly, banning exists as one of the most paramount legal obligations of health administrativedepartment. However, its legal attribute has been remaining on the list of controversial discussion among differentscholars for ages. After the ＇Administrative Enforcement Law＇ in effect, it is increasingly imperative to clarify thebanning measure＇s attribute of administrative institutions as well as cope with the law application. In this paper, theauthors believed that the legal attribute of banning comes from neither administrative enforcement measure nor execution. It should be attributed to element of administrative punishment.