行政处罚罚款设定普遍化研究

Study on the Generalization of Creation of Fine as Administrative Punishment

因财产罚所具有的优点、地方立法权的限制以及非正当考虑等因素的影响,罚款设定在日益普遍化的同时,泛化、随意化的趋势也不容否认。事实上,罚款的功能是有限的。面对罚款设定普遍化的现象,必须强调立法目的正当化,并协调配置各种性质的法律责任,以对之进行必要的、合理的矫正。

Influenced by such factors as the advantage of the property penalty, limits of legislative power of locals, and inappropriate consideration, creation of fine is getting widespread without control. In fact, the function of fine has its own limitation. To resist this trend, we should stress the justness of legislative target and set different kinds of legal liabilities.