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行政处罚管辖,是解决各处罚主体之间实施行政处罚的权限和分工的问题.行政处罚管辖主要分为部门管辖、级别管辖、地域管辖和移送管辖四种.本文从理论和法律规定对行政处罚的四种管辖进行论述.一、部门管辖这里所说的“部门”是指组织成某一类纵向行政管理系统的整体行政机关.划分各部门行政机关之间实施行政处罚的分工和权限的,称之为部门管辖.我国各部门行政机关的职权是根据各部门的职能来确定的.因此,部门管辖又称为职能管辖.
The jurisdiction of administrative penalties is the solution to the problem of the authority and division of labor between the main bodies of administrative punishment.The administrative jurisdiction of administrative punishment is mainly divided into four parts: departmental jurisdiction, level jurisdiction, geographical jurisdiction and transfer jurisdiction.This paper, from the theory and the law, First, the departmental jurisdiction The “department” refers to here refers to the organization of a certain type of vertical administrative system of the overall administrative organs.Demarcation between the various departments of the executive authorities to implement the division of labor and administrative penalties, Called departmental jurisdiction.China’s various departments of the executive authorities are based on the functions of various departments to determine.Therefore, departmental jurisdiction, also known as functional jurisdiction.