行政强制设定权的原则与规则

作者认为，我国行政强制设定权的基本原则是行政强制权与行政职权的关系，行政强制设定权与宪法和法律所确立的法律制度基本框架的关系，行政强制权与公民、法人合法权益的关系，行政强制与现代法治理念的关系。而行政强制设定应当遵守的法律规则有授权规则，权利规则，时限规则，事项规则，补充规则。

The Principles and Rules of the Power to Create Administrative Enforcement

The writer holds that the basic principles of the power to create administrative enforcement in China are : the relationship between administrative enforcement power and administrative responsibilities, the relationship between the power to create administrative enforcement and the basic framework of the legal system created by Constitution and laws, the relationship between administrative enforcement power and the legal rights of the citizens and legal entities, and the relationship between the administrative enforcement and modern concept of rule of law. The legal rules to be observed in the creation of administrative enforcement are : the rule of authorization, the rule of power, the rule of limitation, the rule of subject matter, and the rule of complementation