论行政处罚中的案卷排他性原则

Doctrine of Rolls in Administrative Punishment

行政处罚中应当建立行政案卷制度,“案卷排他性原则”既是行政诉讼程序中法院审查行政行为合法性的依据,也是行政处罚程序中行政机关应当遵守的基本原则。行政案卷制度和案卷排他性原则,是行政处罚证据程序公平性的体现,也是行政机关与司法机关判断事实问题的联结点。

System of rolls should be established in the administrative punishment. Doctrine of rolls is not only the foundation of administrative activities, which are judged by the judicial power, but also the basic principals which should be observed by the administrative departments during the penalty procedure. System of rolls and doctrine of rolls are the embodiment of fairness of administrative punishment evidence procedure. They are the joint basis on which administrative departments and judge give a verdict.