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在紧急状态下,为防止行政机关在行使行政紧急强制权力的同时对相对人的权利造成过度侵害,各国根据自己的国情与不同类型的紧急状态制定了实施行政紧急强制权力应遵循的步骤、方式、时限等程序性规定,主要有司法令状、表明身份、说明理由等内容。但是,在法治发达国家,行政紧急强制实施程序的核心制度是司法令状制度。下面,笔者拟对其进行详细分析。行政紧急强制司法令状申请的条件对于行政机关实施行政紧急强制是否应申请令状,有两种不同的条件。第一种条件是不要求申请令状。不要求申请令状常常是因为时间紧迫,形势严峻,被强制的对象极其危险。例如英国反恐怖法(2000)第41条规定:
In the state of emergency, in order to prevent the executive authorities from exercising administrative emergency coercive power at the same time overreaching the relative rights, each country has set forth the steps to be followed in implementing the administrative emergency coercive power according to its own national conditions and different types of emergencies , Time limits and other procedural requirements, mainly judicial writ, indicating identity, explain the reasons and so on. However, in the rule of law developed countries, the core system of the administrative emergency enforcement procedure is the judicial writ system. Below, I intend to conduct a detailed analysis of them. The conditions for the application of the administrative emergency compulsory judicial writings There are two different conditions for the administrative organ to apply for a warrant for the enforcement of administrative emergency compulsions. The first condition is not required to apply for a writ. It is often not the case that the application for a writ is due to time constraints and harsh conditions, and the object of compulsion is extremely dangerous. For example, Article 41 of the UK Anti-Terrorism Act (2000) states: