论行政禁令的性质、规范与实现——以民航《禁火令》为例

On the Nature, Standardization and Realization of Administrative Prohibition Take the Civil Aviation Fire Ban as an Example

行政禁令属于抽象行政命令,分为授权禁令、职权禁令及其他禁令。授权禁令按照单行法律、行政法规规定作出并依其实现。职权禁令宜统一规范:作出主体具有职权命令权,规范内容属于作出主体职权事项,法制部门应进行法律审查,制定技术规范。职权禁令如果属于对既有法律规则内容明确细化的,其可依法律规则予以实现;不属于的,则由相对人自觉遵守予以实现。不具有职权命令权主体非经授权不宜作出行政禁令。

Administrative ban is an abstract administrative order, would be divided into authorized ban, own ban and others. The authorized ban is made and implemented based on the statutes and administrative regulations. The own ban should be unified and standardized in the following aspects: its constitutor should have power of administrative order itself;the matters enacted should be within the scope of its constitutors authority;its constitutors legal institution should legal review on it;its enacting technology should be standardized. If the matter stated by own ban is specific or detailed to legal rules, according to the legal rule the own ban should be implemented;if not, it should be implemented that the private party comply with it. Administrative subject that have not the power of administrative order should not make the administrative ban without authorization.