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卫生行政法律、法规中明确规定的取缔,其法律性质如何一直存在争议,到底是行政处罚还是行政强制措施,目前仍然难以定论,从其概念和特点入手加以分析,也仍然难以得出结论。然而,卫生行政执法却不能回避使用这一具体行政行为。本文作者提出了规范卫生行政执法中取缔的具体建议。
It is still difficult to draw conclusions as to whether the legal nature of the suppression banned by the health administrative laws and regulations has been controversial. Whether it is an administrative penalty or an administrative coercive measure is still difficult to determine. It is still difficult to draw conclusions from its concepts and characteristics. However, health administrative law enforcement can not evade the use of this specific administrative act. The author of this paper puts forward the specific suggestions for regulating the banning of health administrative law enforcement.