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行政相对人在乡镇沿街道路上搭建违章建筑物,道路主管部门有权依法对其进行处罚。但行政机关在作出行政处罚时,既要遵循合法性原则,保证行政管理目标的实现,又要遵循过罚相当原则,兼顾保护相对人的权益,以达到行政执法目的和目标为限,尽可能使相对人的权益遭受最小的侵害。如果行政处罚显失公正,违背了过罚相当原则的要求,人民法院有权依法作出变更判决。
Administrative counterparts in the towns along the streets to build illegal structures, road authorities have the right to punish them according to law. However, when making administrative penalties, the administrative organs should not only follow the principle of legality, ensure the realization of the objectives of administrative management, but also follow the principle of fair punishment and giving consideration to the protection of the rights and interests of the counterparts, so as to achieve the purpose and objectives of administrative law enforcement and, as far as possible, So that the relative rights and interests suffer the least damage. If the administrative penalty is obviously unfair and violates the requirement of punishing a fair principle, the people’s court has the power to make a change decision in accordance with the law.