行政强制措施告知理由研究

Study on Notification of Reasons for Administrative Coercive Measures

行政强制措施告知理由是《行政强制法》对有关正当程序的具体化,也将行政强制措施告知理由的制度与行政处罚、行政许可告知理由的制度予以有效衔接,其在我国行政法治中具有重要价值。行政强制措施告知理由的理由构成包括告知强制措施决定的依据、告知强制措施的事实、告知行政强制措施的不可取代性等。作为整个行政强制措施程序的一个程序环节,行政强制措施告知理由应当通过当场告知、全面告知以及具体告知等路径予以实现。

notification of reasons for administrative coercive measures is the embodiment of related due procedures of Law on Administrative Coercion, which effectively links the system of notification of reasons for administrative coercive measures to the system of notification of reasons for administrative penalty, administrative licensing. It plays a significant role in rule of administrative law of our country. This article will analysis the attributes, historical background, legal basis, procedures, practice feedback of the system of notification of reasons for administrative coercive measures, and compare the similar system between China and foreign country, thereby studying this system from three aspects, which included the legislative foundation of the system of notification of reasons for administrative coercive measures, the content of notification of reasons for administrative coercive measures and the realization path of the system of notification of reasons for administrative coercive measures.