执行罚的法律定位

On the Legal Orientation of Penalty

执行罚作为行政强制执行的方式之一,与行政处罚中的罚款极易混淆,探求其特征并进行准确的法律定位,不仅具有重要的理论意义,而且在依法行政的当下语境中有更迫切的现实意义,本文试从滞纳金、加处罚款等典型执行罚方式的差异入手进行剖析,并力图藉此对即将审议的《行政强制法》(征求意见稿)中的相关条文提出立法建议。

Penalty, as one way of administrative enforcement, is often braided with fine of administrative punishment. Therefore, to study its character and give an exact legal orientation is of great importance not only in theory but also in reality especially in the social context of ruling by law. By the analysis of the differences among the typical ways of penalty such as surcharge, fine etc, this paper puts forward some legislative advice to the relevant items in the law of Administrative Enforcement to be deliberated.