(1) Personal coercive measures. It mainly refers to the compulsory measures taken by public security, customs, national security, medical and health institutions to restrict personal freedom or enforce the administrative counterpart who poses a real threat to society or refuses to perform legal obligations. According to China's current relevant laws and regulations, there are the following compulsory measures for personal freedom:
1. Compulsory isolation refers to the administrative compulsory measures taken for patients with specific infectious diseases who refuse to accept isolation treatment according to law or leave treatment without authorization before the expiration of isolation period. For example, according to Article 24 of the Law on the Prevention and Control of Infectious Diseases, medical and health institutions and health and epidemic prevention institutions should treat patients with Class A infectious diseases and pathogen carriers, AIDS patients with Class B infectious diseases and pulmonary anthrax patients with anthrax in isolation. The isolation period is determined according to the physical examination results. Refuse isolation treatment or leave the isolation treatment place without authorization before the expiration of the isolation period, the public security department may assist the treatment unit to take compulsory isolation treatment measures. For another example, in order to strengthen the prevention and treatment of SARS, the Ministry of Health listed it as a legal infectious disease in April 2003 for management. Confirmed cases and suspected cases of infectious atypical pneumonia should be treated separately, and their contacts should be investigated and closely observed. Refuse isolation treatment or leave isolation treatment without authorization, the public security department can assist the treatment unit to take compulsory isolation treatment measures.
2. Compulsory treatment refers to the measures of compulsory treatment and supervision in specific places for mental patients who have committed acts that endanger society or are in danger of endangering society. In addition to mental patients, people who suffer from sexually transmitted diseases due to prostitution are also subject to compulsory treatment.
3. Reception education is an administrative compulsory measure taken by public security organs to deprive prostitutes of their personal freedom and force them to receive education and rescue. Receiving education institutions are receiving education institutions established by governments at all levels. In the process of receiving education, the reeducation-through-labor personnel are deprived of their personal freedom, and the detention and education center will also carry out compulsory physical examination for the reeducation-through-labor personnel and compulsory treatment for those suffering from sexually transmitted diseases. At the same time, compulsory legal and moral education is given to prisoners, forcing them to carry out certain production and labor. The education period for prisoners is 6 months to 2 years.
4. Compulsory drug rehabilitation center is a compulsory drug rehabilitation center set up by public security organs, which takes compulsory drug rehabilitation, treatment and education measures for people who are addicted to drugs by injection. The period of compulsory detoxification is 3 months to 6 months, and generally it shall not exceed 1 year after the extension. After compulsory detoxification, the public security organ may take measures of reeducation through labor for those who relapse or inject drugs.
In addition to the above-mentioned compulsory measures, administrative compulsory measures to restrict personal freedom also include compulsory summons by public security organs for those who violate public security administration without justifiable reasons, compulsory restraint for those who drink alcohol in public places, and compulsory measures to take troublemakers away from the scene or disperse them.
(2) Property compulsory measures. Mainly in order to ensure the smooth progress of administrative activities, the administrative organs take administrative compulsory measures with preservation nature on the property involved, which mainly include the following contents:
1. Seizure refers to the act of seizing movable or immovable property on the spot to prevent the property owner from disposing of the property. The seized property is not handed over to the organ that implements the seizure, and is generally sealed on the spot. Without the permission of the administrative organ, the property owner shall not unseal or transfer or conceal the property.
2. Seizure refers to the act that the organ has the right to detain the property in a certain place and put it under the supervision of the administrative organ in order to obtain evidence or prevent the parties from moving or disposing without authorization. For example, according to Article 6 of the Customs Law, the customs has the right to inspect inbound and outbound means of transport and inbound and outbound goods and articles. Anyone who violates this law or other relevant laws and administrative regulations may be detained. Inbound and outbound means of transport, goods and articles that violate this Law or other relevant laws and administrative regulations may also be detained.
3. Freezing means that banks and other financial institutions freeze the accounts of the parties concerned according to the requirements of administrative organs and are not allowed to use their deposits. For example, the Law on the Administration of Tax Collection stipulates that with the approval of the director of the tax bureau (sub-bureau) at or above the county level, the tax authorities may notify the taxpayer's bank or other financial institutions in writing to suspend the payment of the taxpayer's deposits equivalent to the taxable amount.
In addition to seizure, seizure and freezing, compulsory property measures also include compulsory withholding, compulsory deduction and compulsory elimination.
The enforcement of compulsory measures by administrative organs must meet the conditions stipulated by law, mainly including: (1) the enforcement subject must be an administrative organ or other legally authorized organizations with administrative coercive power; (two) the object of compulsory must meet the conditions prescribed by law; (3) Must go through necessary legal procedures and meet the prescribed time limit; (4) Administrative compulsory measures must be taken in accordance with the statutory categories. It is illegal to violate the regulations. Citizens, laws or other organizations have the right to request administrative reconsideration if they are not satisfied with the administrative compulsory measures taken by administrative organs.