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行政处罚是指特定的国家行政执法机关,对违反国家行政管理法规的当事人,所采取的一种强制性的法律制裁。当前行政执法机关所采用的行政处罚措施,在国家的行政管理事务中起着重要的作用。但是由于我国行政立法工作起步较晚,行政法规尚欠统一与完善,许多具体的行政处罚适用的条款都分散在各个单项法规之中,这样就难免产生交叉重叠、矛盾冲突。实践中,执法部门又按各自的法规和理解去执法,常常发生重复处罚、越权处罚等等违法现象,这将给行政诉讼法的顺利实施带来阻碍。如何完善行政执法,正确地行使行政处罚权,是当前各行政执法机关亟待解决的问题之一.笔者就行政处罚运用中应当注意的几个问题,提出一些看法,以供探讨.
Administrative punishment refers to a specific national administrative law enforcement agencies, a violation of the laws and regulations of the state administrative parties to adopt a mandatory legal sanctions. The administrative punishment measures adopted by the current administrative law enforcement agencies play an important role in the administration of the country. However, due to the late start of the administrative legislation of our country, the administrative laws and regulations still do not have unity and perfection. Many specific provisions of the administrative penalty are scattered among the individual laws and regulations, which will inevitably produce overlapping and contradictory conflicts. In practice, law enforcement departments, in accordance with their respective laws and regulations, also go to law enforcement, often with repeated punishments, ultra vires penalties and so on, which will hinder the smooth implementation of the Administrative Procedure Law. How to perfect the administrative law enforcement and correctly exercise the power of administrative penalty is one of the problems to be solved urgently by the administrative law enforcement agencies at present.The author puts forward some views on some issues that should be paid attention to in the application of administrative punishment for discussion.