行政强制中的第三人权益保障

Protection of Rights and Interests of the Third Party in Administrative Coercion

行政强制从理论和实践都具有向第三人权益进行扩张的可能。基于保护规范理论,第三人对于行政强制具有容忍义务和相应的程序权利、救济权利。我国《行政强制法》对第三人条款规定较混乱,缺乏统一明确的立法思路。行政强制第三人与相对人的权益存在一致、冲突、独立三种类型。为保护第三人权益,行政强制在涉及第三人权益时应遵循比例原则,并引入程序参与、扩大审查义务、声明异议、参与分配等制度。

Administrative coercion makes it possible to expand the rights and interests of third parties both in theory and practice. Based on the theory of protection norms, the third party has the obligation of tolerance and corresponding procedural rights and remedy rights for administrative coercion. China＇s Ad- ministrative Enforcement Law is more chaotic for the provisions of the third party, and lacks unified and clear legislative ideas. There are three types of rights and interests relationships between the administrative coercion third party and the relative. In order to protect the rights and interests of the third party, adminis- trative coercion should follow proportion principle when it comes to the rights and interests of third parties. At the same time, it should introduce procedural participation in system design, expand examination obligations, declare objections, and participate in distribution.