Does the town fire safety service center, as an internal institution of the town government, have the corresponding qualifications as a law enforcement entity? On August 18th, the Supreme People's Court released the second batch of five typical cases of administrative coercion involving enterprises, highlighting that in administrative coercion cases involving enterprises, the people's courts have made judgments that are conducive to substantive resolution of administrative disputes in accordance with the law, strengthened the mediation work of administrative cases, and taken multiple measures to enhance the effectiveness of resolving administrative disputes involving enterprises, in order to ensure that the decision-making and deployment of the Party Central Committee on the development of the private economy are implemented. The reporter noticed that in the case of a plastic product factory suing the People's Government of Zhandian Town, Wuzhi County, Henan Province for ordering correction and sealing of facilities, the People's Court clearly determined that the town fire control center is an internal institution of the town government and does not have administrative subject qualifications. It ordered the suspension of business for rectification and the implementation of sealing actions in its own name without legal basis, so the notification and sealing actions made by it were confirmed to be invalid. Even the town government itself lacks the power to seal and even order the closure and rectification of enterprise property in the field of fire management. The case shows that a certain plastic products factory (hereinafter referred to as the "Plastic Factory") was registered and established on April 14, 2014, with the business scope of processing and selling plastic products. On August 10, 2022, the Fire Safety Service Center of Zhandian Town, Wuzhi County, Henan Province (hereinafter referred to as the Town Fire Center) discovered during a fire inspection that a plastic factory had fire hazards and illegal activities such as expired fire extinguishers, non threaded wiring, and no smoke alarms. Therefore, it issued a "Notice of Order to Rectify Fire Hazards" and ordered the company to suspend operations for rectification. On the same day, the staff of the town fire center also pasted a seal on the outside of the electric meter box in a plastic factory. Afterwards, the factory was forced to shut down and production and operation were interrupted. The factory filed a lawsuit with the People's Court, requesting the revocation of the "Notice of Rectification of Fire Hazards" and ordering the town fire control center to stop the sealing behavior. The People's Court of Wuzhi County held in the first instance that the town fire center is an internal institution of the Zhandian Town People's Government (hereinafter referred to as the town government) in Wuzhi County and cannot make administrative actions in its own name. The town government should bear legal responsibility. The "Notice of Order to Rectify Fire Hazards" involved in the case is called an order to rectify, but it is actually a suspension of business for rectification. It did not give a certain plastic factory the opportunity to rectify on its own, nor did it inform the factory of its rights to make statements, defend itself, etc., which is a procedural violation. Considering that the factory has indeed violated the provisions of the Fire Protection Law, the first instance judgment confirms that the "Notice of Order to Correct Fire Hazards" and the act of sealing the electric meter box of a certain plastic factory involved in the case are illegal, and rejects the other litigation requests of the plastic factory. After the factory appealed, the Jiaozuo Intermediate People's Court held in the second instance that Article 75 of the Administrative Litigation Law stipulates that if an administrative act has significant and obvious illegal circumstances such as the implementing subject not having the qualifications of an administrative subject or having no basis, and the plaintiff applies to confirm the invalidity of the administrative act, the people's court shall make a judgment to confirm the invalidity. As an internal institution of the town government, the town fire control center does not have the corresponding qualification for law enforcement. Its requirement for enterprises to suspend operations for rectification also lacks legal basis, which constitutes a significant and obvious violation of the law. Therefore, the first instance judgment is revoked, and the "Notice of Fire Hazard Rectification Order" and the act of sealing the electricity meter box involved in the case are confirmed to be invalid. The Supreme People's Court states that compared to other administrative actions, administrative coercive measures have a greater impact on the legitimate rights and interests of administrative counterparties and are immediate. Therefore, the law has stricter regulations on the subject of implementing administrative coercive measures. Article 17, Paragraph 1 of the Administrative Compulsory Law stipulates that administrative compulsory measures shall be implemented by the administrative organs prescribed by laws and regulations within the scope of their statutory powers. The power of administrative coercive measures shall not be delegated. Administrative organs should strictly exercise their powers in accordance with legal provisions, and cannot arbitrarily expand the scope of powers of relevant internal or temporary institutions to avoid responsibility, or entrust the implementation of compulsory measures in violation of legal provisions. The second instance judgment of this case is conducive to supervising administrative law enforcement departments to protect the property rights and independent operation rights of various business entities in accordance with the law, and to create a stable development environment for them. From further investigation, it appears that the losses incurred by a certain plastic factory have been compensated in accordance with the law, and the dispute has been substantially resolved. (New Society)