行政处罚属于国家行政权的一部分,是行政机关进行行政管理的重要手段之一。由于以往行政处罚的法律,没有统一的基本原则规定,缺乏必要的程序制度保证,因而行政处罚的随意性较大,“乱”、“软”的现象十分严重。因此,行政处罚法对行政处罚的设定、实施和程序 Administrative punishment is part of the state administrative power and is one of the important means of administrative management by administrative organs. Due to the law of administrative penalties in the past, there is no unified basic principle and the necessary procedural system is lacking. As a result, administrative sanctions are more arbitrary and “chaotic” and “soft” are very serious. Therefore, the Administrative Punishment Law on the establishment of administrative penalties, implementation and procedures