行政处罚是行政机关有效实施行政管理,保障法律、法规贯彻施行的重要手段。随着《行政处罚法》修改被列入全国人大常委会立法规划,学界围绕行政处罚的原则、行政处罚的定义、行政处罚的种类、行政处罚的设定、行政处罚的管辖与适用、行政处罚的程序等主题掀起二次讨论的热潮。未来还需对行政处罚的域外管辖、乡镇街道的行政处罚主体、行政执法和解、首次免罚的具体执行等理论问题予以拓展和深化,确保行政处罚理论研究行稳致远。
<<Administrative punishment is an important means for government to effectively implement administrative management and ensure the implementation of laws and regulations. As The Administrative Punishment Law is included in the legislative plan of the Standing Committee of the National People’s Congress,the academic circle has set off a second time discussion around themes such as the principle of punishment,the definition of punishment,the types of punishment,the jurisdiction and application of punishment,and the procedure of punishment. In the future,it is necessary to expand and deepen theoretical issues such as the extraterritorial jurisdiction of administrative punishments,the subject of administrative punish-ments in towns,the reconciliation of administrative law enforcement,and the specific implementation of the first exemption. Doing this would ensure that the theoretical research on administrative punishments is stable and far-reaching.
<<Keywords: | Administrative PunishmentSetting Right of PunishmentJurisdiction and Application of PunishmentProcedure of Punishment |