《行政强制法》第43条辩护——与刘启川博士商榷

The Defense of Article 43 of the Administrative Enforcement Act——A Response to Dr. Liu Qi-chuan

《行政强制法》第43条限制了行政强制执行的时间,禁止为了迫使当事人履行相关行政决定而对居民生活采取停水停电等拒绝给付措施,彰显了保障公民权,限缩了行政权,以方法论个人主义诠释了强制执行过程中公共利益的本质。该条逻辑严密,理念先进,内容合理,与《行政强制法》同一章节的预置规则呼应表里,较好地处理了一般规则与例外规定的关系,尚无修改的必要。

Article 43 of ＂Administrative Enforcement Law＂ restricts the time of administrative enforcement and prohibits the refusal to offering daily supplies on living, such as refusing to provide water or electricity etc, whose purpose is to force the associated parties to fulfill the relevant administrative decisions. This article highlights the protection of civil rights, narrows the executive power, and reveals the essence of public interest in the perspective of methodological individualism. There is rigorous logic, advanced concepts and rational content in Article 43, which does not have any potential conflict with other rules in the same section. Therefore, Article 43 deals with the relationship between general rules and exceptions perfectly, and there is no need to amend it at present.