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行政处罚是国家行政机关依法对违反法律法规尚未构成犯罪的行政管理相对人所给予的法律制裁。过去由于没有统一的行政处罚的法律规定,在行政处罚的程序上不同程度地存在着混乱的情况。《行政处罚法》的出台,意味着上述情况全面改观。公开的、严格的行政处罚程序的规定,为行政机关依法行政提供了重要的法律保障。行政程序法是行政法中的程序部分。合理、公正的程序将使人们正确、迅速地达到目的,实现行政机关所达到的社会目标,确立法治条件下的社会管理秩序。行政处罚程序是对行政机关或其他有权组织依法行使处罚权、对行政管理相对一方作出具体的行政处罚的整个过程所包含的步骤、方法、形式、时间、顺序等的总和。行政处罚程序在《中华人民共和国行政处罚法》中占有重要的地位。
Administrative penalties are the legal sanctions imposed by the state administrative organs on the relative persons who have not constituted a crime in violation of laws and regulations according to law. In the past, due to the lack of a unified law on administrative penalties, there were chaos in the process of administrative punishment to varying degrees. The promulgation of the “Administrative Punishment Law” means that the above situation has been changed in an all-round way. The open and strict rules on administrative punishment provide important legal guarantee for the administrative organs to carry out their administration according to law. Administrative procedural law is a procedural part of administrative law. Reasonable and fair procedures will enable people to achieve their goals correctly and swiftly, realize the social goals reached by the executive authorities and establish the order of social administration under the rule of law. The procedure of administrative penalty is the sum of the steps, methods, forms, time, order, etc. contained in the whole process of the administrative organ or other organ that has the right to organize to exercise the punishment according to law and make a specific administrative punishment to the opposite party. The procedure of administrative penalty occupies an important position in the “Administrative Punishment Law of the People’s Republic of China.”