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“钓鱼执法”事件被报道后,引起了社会广泛地讨伐。其中,不乏真知卓见,然而罚款用途失范问题在整个事件中所起的“作用”尚未引起足够的重视。失范主要表现为两个极端:本可用于奖励举报人,却被忽视和谴责;理应禁止作为执罚经费使用,实践中却暗流涌动。将部分罚款用于奖励举报人,属于对法律私人实施机制的运用,应当得到法律的承认;罚款作为执罚经费使用积弊众多,必须采取比收支两条线更为严格的措施予以禁绝。唯有规范罚款用途,鼓励私人参与,严防罚款归属部门化,方可扭转罚不止禁、罚款泛滥的不利局面。
“Fishing law enforcement ” incident was reported, causing widespread social crusade. Among them, there is no lack of truth and understanding, however, the issue of the use of fines has not been given enough attention in the entire incident. Misconduct mainly manifested as two extremes: could be used to reward whistleblowers, but was neglected and condemned; should be banned as a punishment for use, but in practice surges. Part of the fines used to reward whistleblowers belong to the use of the private enforcement mechanism of law and should be recognized by law. As penalties are used for a long time, fines and penalties have many disadvantages and they must be banned more strictly than the two lines of revenue and expenditure. Only by standardizing the purpose of fines, encouraging private participation and guarding against factionalization can only reverse the unfavorable situation of fine not imposed penalties and fines.