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在卫生计生行政执法实践中经常会遇到共同违法行为,但对共同违法行为的行政处罚原则,无论是行政实体法还是行政程序法都鲜有涉及。本文尝试从一起案例入手,介绍当前在卫生计生行政处罚执法实务中常用的两种原则,并提出在处罚共同行政违法行为人时,应遵循对外适用连带承担、对内按各违法行为人在共同违法过程中的参与程度和所起作用大小区分责任,这一观点应成为具体适用卫生计生行政法律法规相关处罚共同违法行为人的基本原则。
In the practice of health planning and law enforcement, we often encounter common illegal behaviors, but the principle of administrative punishment for common illegal behaviors is rarely involved in both administrative substantive law and administrative procedural law. This article attempts to start with a case study, introduces the current two commonly used principles in the administrative enforcement of health and family planning administrative punishment, and puts forward that in punishing the common administrative offender, we should follow the applicable foreign joint responsibility, The degree of participation in the illegal process and the role of the distinction between the size of the responsibility, this view should be specifically applicable to health and family planning laws and regulations related to punishing the basic principle of common perpetrators.