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行政处罚适用的含义、特征行政处罚的适用,是指行政处罚主体根据法律、法规、规章以及行为人违法的事实和情节,依法认定违法行为并裁量决定行政处罚的专门活动。它包括三个方面的内容:一是是否科以行政处罚,二是科以何种处罚,三是科以何种程度的处罚。行政处罚的适用具有如下三个特征: (一) 行政处罚的适用是享有行政处罚权的行政处罚主体的专门活动,其他机关或组织无权进行这种活动。(二) 行政处罚的适用以行政违法行为的存在和
The implication and feature of administrative penalty The application of administrative penalty refers to the special activity of the main body of administrative punishment in determining the illegal act according to law and determining the administrative penalty according to the facts and circumstances of laws, rules and regulations and the perpetrator’s illegal act. It includes three aspects: First, whether the Section to administrative penalties, the second is what kind of punishment, the third is the Section to what level of punishment. The application of administrative punishment has the following three characteristics: (1) The application of administrative punishment is the exclusive activity of the subject of administrative punishment which has the right to administrative punishment, and other organs or organizations have no right to carry out such activities. (B) the application of administrative penalties to the existence of administrative violations and