行政处罚是行政管理的重要手段之一,而在我国现行法律法规中没有界定行政处罚的标准使得实践中许多名为其他具体行政行为,实质是行政处罚的情形存在。笔者认为认定行政处罚应从该具体行政的实质出发,不能仅凭其名加以判断。本文结合具体案例来分析行政处罚的街道,并阐述具体认定标准,并对我国认定行政处罚的相关规定中所存在的问题提出了完善构想。 Administrative punishment is one of the most important means of administration. However, there is no definition of administrative punishment in the current laws and regulations in our country. Many of the practices in practice called administrative sanctions exist. I believe that the administrative penalty should be determined from the substance of the specific administrative, can not be judged by its name alone. This article analyzes the street of administrative punishment with specific cases and expounds the specific identification standards, and puts forward the perfect ideas for the problems existing in the relevant provisions on administrative sanctions in our country.