行政处罚与刑罚竞合时适用问题研究

Research on the Application Problem about Coincidence between Administrative Punishment and Penalty

司法实践中,行政处罚与刑罚的竞合是不可避免的,关键是如何正确处理两者竞合时的法律适用问题。本文以为,在适用方法上应遵循并合主义,具体适用时又应视不同情况采取不同的办法予以处理,并突出刑事处罚优先的原则。同时,也应注意犯罪移送时的证明要求,以防止法院间的互相推诿。

In the judicial practice, the coincidence between administrative punishment and penalty is unavoidable. How to deal with the application problem of the coincidence correctly？ The article proposes that combining principles should be followed and different methods should be taken according to different situations during the prac- tical application while giving prominence to the principle of the prior application of penalty. Meanwhile, we should pay attention to the issue of the requirement of testimony at the deportation of criminal cases to prevent the buckpassing among courts.