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《行政强制法》草案第三次审议稿的改变表明了给付拒绝有被立法者采纳为我国行政强制执行方式的可能性。本文以此为视角,基于比较法的考察及我国行政强制执行模式在现实中出现的弊端,论述了其合理之处。并提出了将给付拒绝纳入行政强制执行方式的立法建议:在法律中明确规定给付拒绝的具体内容,采用“人民法院审查+行政机关执行”的模式,严格限制给付拒绝的适用条件并细化程序。
The change in the Third Review Draft of the “Administrative Enforcement Law” shows the possibility of payment refusal being adopted by legislators as the administrative enforcement modality of our country. This article takes this as the angle of view, based on the investigation of comparative law and the malpractice that the administrative enforcement mode of our country appears in the reality, expounds its rationality. And puts forward the legislative proposal that the payment refusal should be included in the administrative enforcement mode: the specific content of the refusal of payment is clearly stipulated in the law, the mode of “people’s court review + executive agency execution” is adopted, and the applicable conditions for refusing payment are strictly limited. Procedures.