On Difference between Administrative Penalty and Administrative Coercive Measures-Analysis on Prosecution of East Star Against CAAC South Central Management Bureau

The focus of prosecution of East Star Aviation against CAAC South Central Management Bureau lies in whether the legal nature of the decision of CAAC South Central Management Bureau on "ordering East Star Aviation to stop its flight" is administrative penalty or administrative coercive measures. By comparing the differences between the administrative penalty and administrative coercive measures in purpose, function, implementation premise, action independence, finality, justiciability and the risk of infringing the right of administrative counterpart and in combination with the case condition, it is analyzed that the decision on flight stop is an immediate and emergency administrative coercive measures taken by CAAC South Central Management Bureau against the major hidden danger of East Star Aviation which might endanger the public security, and it is further pointed out that safety is the life of civil aviation, the civil aviation authority should strictly require the safety, ensure zero maintenance and supervise the safety continuously, and it is suggested to regulate the establishment and implementation of civil aviation administrative coercive measures according to Administrative Compulsory Law of China.