《治安管理处罚法》的基本特征就是处罚,而其中的处罚种类、处罚的裁量因素以及各种裁量因素如何具体应用问题,无疑是该法的三个基本要素。仅把治安处罚的种类局限于6种是不全面的。同时,公安机关在具体处罚时必须考虑各种裁量因素,不仅要从形式逻辑的角度弄清法条规定的字面含义,而且还应当弄清潜藏在法条内部的含意,即立法者作出这一规定的本意。 The basic characteristics of the Law on Public Security Administration Punishment are punishments. The types of sanctions, the discretionary factors of punishments and the specific application of various discretionary factors are undoubtedly the three basic elements of the law. It is incomplete to limit the types of law and order to only six kinds. At the same time, the public security organs must consider various discretionary factors in the specific punishment, not only to clarify the literal meaning of the provisions of the law from the perspective of formal logic, but also to find out what is hidden inside the law, that is, legislators make this The original intent