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为规范农业行政处罚自由裁量行为、防范滥用自由裁量权,近年来,全国各省、市也相继试点制订了行政处罚自由裁量权参照执行标准。现在有很多正在征询意见的细化条文都规定:处罚款多少以有多少违法所得来定。大家普遍觉得这样有失公允:同一种性质的违法行为,处罚款多少并不能仅依据违法所得来定,更应当考虑违法行为本身性质是否故意、情节是否严重、社会危害程度等等。卖了多少、有多少违法所得,只是要考虑的一个方面。如果以偏概全,无形
In order to regulate discretionary acts of agricultural administrative penalties and prevent the abuse of discretionary power, in recent years, various provinces and municipalities across the country have also formulated pilot exemptions for administrative penalties in light of the implementation standards. There are a lot of detailed provisions that are being consulted now that stipulate how much the penalties are based on how much illegal income is obtained. Everyone generally feels that such unfairness is not fair: the amount of punishment for illegal acts of the same nature can not be determined solely on the basis of illegal gains, but should also consider whether the nature of the illegal act is intentional, the circumstances are serious, the degree of social harm, and so on. How much to sell, how much illegal income, just to consider one aspect. If overly general, invisible