一、行政处罚程序法的冲突和适用行政处罚法颁布实施前,行政机关实施行政处罚,一般以各部门自订的行政规章为程序法律依据。行政处罚法颁布实施后,行政机关实施行政处罚,根据行政处罚法第3条的要求,必须依照行政处罚法规定的程序实施。但行政处罚法没有具体详尽地规定可操作性的规范,这就可能会导致行政机关实施行政处罚的程序上的难以适从。而且,根据行政处罚法第64条第2款的要求,规章中关于行政处罚的规定与行政处罚法不符合的,应当依照行政处罚法予以修订。在此情况下如何适用行政处罚程序法?是不再适用规章关于程序性的规定统一按行政处罚法规定的程序进行,抑或在规章与行政处罚法关于行政处罚程序的规定不抵触时仍然适用规章的规定,采用前者,必然存在行政处罚程序法二级立法的问题。如是否单立听证程序法, I. Conflict and Application of Procedural Law of Administrative Punishment Before the promulgation and implementation of the Administrative Punishment Law, administrative organs implement administrative penalties. Generally, the administrative regulations formulated by each department are the legal basis of the procedure. After the promulgation and implementation of the Administrative Punishment Law, administrative organs implement administrative penalties. According to the requirements of Article 3 of the Administrative Punishment Law, they must be implemented in accordance with the procedures stipulated in the Administrative Punishment Law. However, the Administrative Punishment Law does not specify the specific norms of operability, which may lead to administrative procedures for the implementation of administrative penalties difficult to adapt. Moreover, according to the requirements of Article 64, paragraph 2, of the Administrative Punishment Law, the provisions of the regulations on administrative penalties that do not conform to the Administrative Punishment Law should be amended in accordance with the Administrative Punishment Law. In this case how to apply the Administrative Punishment Procedure Law? Is no longer applicable regulations Procedural provisions Unified according to the provisions of the Administrative Punishment Law, or in the regulations and administrative penalties Act on administrative penalties does not conflict with the provisions of the regulations still apply The provisions of the former, there is bound to exist two administrative procedures procedural law second issue of legislation. Such as whether a single hearing program,