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一、行政处罚的创设权限及其划分行政处罚的创设权限,也就是何级国家机关拥有分配行政处罚机关与行政相对一方权利义务的权限。根据现代法制理论,凡赋予公民权利,或设定公民义务,均需由立法机关制定法律或由立法机关授权行政机关制定法规。我国由于具有国家大、人口多、政治经济发展不平衡等特点,加上法律、法规很不完备,不可能将涉及公民权利义务的所有规范性文件都划
First, the creation of administrative penalties and the authority to create administrative penalties, that is, what level of state organs have the authority to distribute administrative penalties and administrative rights and obligations of the party. According to the theory of modern legal system, where citizens are given their rights or their civic obligations are set by the legislature or by the legislature authorized by the executive authorities to make laws and regulations. Because of its characteristics such as big country, large population, unbalanced development of politics and economy and the incomplete laws and regulations in our country, it is impossible to draw all normative documents concerning the rights and obligations of citizens