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说理式行政处罚文书通过以事实为依据,以法律为准绳,系统、充分地说理来论证实施行政处罚的理由、依据和处罚内容,使相关事实和法律问题更加明晰。一份制作精良的说理式文书,能够做到晓之以理、动之以情、以理服人,让当事人充分认识到案件事实清楚、证据充分、定性准确、适用依据正确、处罚适当。作者结合查办的两宗案例,分析了说理式文书的制作要点。
Reasonable administrative penalty instruments are based on facts, based on the law, systematically and rationally to demonstrate the reasons, bases and penalties for the implementation of administrative penalties, and make the relevant facts and legal issues clearer. A well-made reasoning type instrument can be rationalized, moved with emotion, reasonably convinced, so that the parties fully understand that the facts of the case are clear, the evidence is fully and qualitatively accurate, the application is based on the right and the punishment is appropriate. Based on two cases investigated, the author analyzes the main points of making rational logics.