文档介绍：Abstract
Seizure and detainment is an pulsory enforcement to make the limitations to citizen property right, it plays an important role in the social development and the administration management, however, the system itself never develops smoothly. The Administrative Procedural Law include the seizure and detainment as specific administrative action in 1989, however, it isn’t implanted wholly as specific administrative action in the administrative legislation, administrative enforcement of law and administrative action, there also exists controversy about whether it is a specific administrative action or factual behavior in theory study. The enactment of Legislative Law and administrative enforcement law and the effort of people’s court in practice make seizure and detainment more and more disciplined, so the essay present the opinion: though the law is already stipulated seizure and detainment as an administrative act, the nature of seizure and detainment is turning into administrative act from factual act. However, too much emphasis on the administrative act nature of seizure and detainment will lead to the ignoring of the fact that the seizure and detainment is a specific administrative action.
The theoretic basis of administration implementing seizure and detainment lies on the property right limitation theory and police power theory. To maintain the public interests, the administration needs to take affective administrative measures to impose restrictions on the citizen property and life within legal power permission, which embodies the inner nature of national sovereignty and enforceability of law. When there are potential illegal acts and dangers, administration can seize and detain the targets’ property. Because the seizure and detainment pulsory, the administration should conform to the principle of law reservation. The administration enforcement law and the laws that assigned the administration the power to seize and detain all belong to legal basis to s