行政处罚的概念看似简单,几乎各种版本的教科书、专著都纷纷作出了自己的定义,有的类似,有的分歧很大,1996年颁布的《行政处罚法》并未给这一争论划上句号,给出一个统一的定义。这似乎不符合立法常理。一部以行政处罚命名的国家基本法律,在条文中却未对其作出明确定义,但立法者这样处理也有其客观原因。 The concept of administrative punishment seems simple, almost all versions of textbooks, monographs have made their own definition, some similar, some great differences, promulgated in 1996, “Administrative Penalties Law” did not give this controversy Last sentence, gives a unified definition. This does not seem to meet the legislative rationale. A national basic law, which is named after the administrative penalty, has not been clearly defined in the articles, but there are objective reasons why lawmakers handle such cases.