公安执法中常用7种法律措施是否为公安行政强制措施的评判研究

A Study on Judging WhetherSeven Legal Measures Commonly Used in Public Security Law Enforcement are Public Security Administrative Coercive Measures

公安行政强制措施是公安行政执法中最常用的措施之一。但目前我国立法中关于公安行政强制措施的种类界定较为模糊,以致在公安执法实践中民警因把握不准一些法律措施的性质,而在采取对应程序上出现瑕疵。结合相关诉讼案例,以公安执法实践中常见的强制检测、抽取血样检验血液酒精、强行带离、强制隔离戒毒、收缴追缴、取缔、责令等法律措施为例,对这七种法律措施是否为行政强制措施的属性进行评判,以为公安执法实践提供指导。

The public security administrative coercive measure is one of the most commonly used measures in the public security administrative law enforcement.It has the characteristics of compulsion,temporality,immediacy,reversibility,prevention,subordination and oneness.But at present,the definition of the types of the compulsory measures of Public Security Administration in our country's legislation is so vague that in the practice of law enforcement of public security,the police can't grasp the nature of some legal measures,so there are defects in the corresponding procedure.Taking the common legal measures in public security law enforcement,such as compulsory testing,taking blood samples to test blood alcohol,forcible removal,compulsory isolation and detoxification,collection and recovery,banning and ordering,etc.,to judge whether these seven legal measures are the attributes of administrative coercive measures,so as to provide guidance for police law enforcement practice.