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法院在合法性审查中,对国务院职能部门为了实施行政措施而作出的规范性文件,如经审查认为合法合理的,在认定被诉行政行为合法时可以承认其效力。对《金融违法行为处罚办法》的适用范围不能简单根据法律条文本身确定,而应结合立法背景、宗旨、上下文、金融监管的历史沿革以及其他相关法律法规的规定来作出判断。行政处罚决定书逾期送达不影响处罚决定的合法性。
In the course of legality examination, the regulatory documents made by functional departments under the State Council for the purpose of implementing administrative measures, if found to be lawful and reasonable by the court, may recognize their validity when they are found to be lawful. The scope of application of the Measures for the Punishment of Financial Illegal Activities can not be simply determined according to the legal provisions themselves, but should be judged in the light of the legislative background, purpose, context, historical evolution of financial regulation and other relevant laws and regulations. Late delivery of the administrative penalty decision does not affect the legality of the punishment decision.