行政处罚是国家法律责任制度的重要组成部分,它是行政机关依法行政的手段之一。目前,我国现行的法律、行政法规、地方性法规、规章规定的行政处罚种类达数百种。但由于对行政处罚的一些基本原则没有统一的法律规定,实际工作中存在一定的问题。主要是有的行政部门随意罚款,或一事多次罚款、几个部门同罚等。造成乱处罚、乱罚款的主要原因:一是行政处罚的设定权不清,有的地方或部门不能依法办事随意设定行政处罚项目;二是执罚主体混乱,不少没有行政处罚权的组织和人员越权实施行政处罚;三是行政处罚程 Administrative punishment is an important part of the legal liability system of the country. It is one of the means by which administrative organs administer the affairs according to law. At present, there are hundreds of types of administrative penalties stipulated in current laws, administrative regulations, local laws and regulations in our country. However, due to some basic principles of administrative punishment there is no uniform legal provisions, there are some problems in the actual work. Some chief administrative departments are fined at will, or fined many times in a matter of time, with several departments punishing fines and so on. The main reasons causing chaos and fining are as follows: First, the administrative power of administrative penalty is not clear, and some places or departments can not arbitrarily set administrative penalties in accordance with the law. Second, the main body of arbitration and punishment is in chaos. Many of them have no right to administrative punishment Organizations and personnel to impose administrative penalties; third is the administrative penalty