论行政处罚权与刑罚权的协调与实践路径——以侵犯知识产权行为为视角

On the Harmonization of the Power of Administrative Penalty and the Power of Crimanal Penalty

由于行政处罚权与刑罚权在作用范围上存在一定的重合现象,因而两种权力在具体运作中存在一定的交叉而导致冲突。协调行政处罚权与刑罚权的关系,既要考虑从立法上理顺两者关系,又在实务活动中使行政执法机关与司法机关形成有效的合作机制；在理论上,对于两种公权力的关系也应加以澄清,并对行政违法责任与刑事责任的功能与关系作出明确的界定。

Because there is some concurrent phenomenon between the scopes which the power of administrative penalty and the power of criminal penalty are applied simultaneously in China, the two powers may be exercised overlapping in the practical process and then some conflict maybe appears. To harmonize the relationship of two powers, not only it should be considered by the legislative organs, but also a sufficient cooperative mechanism should be formed between administrative enforcement organs and judicial organs. In the theoretical level, the relationship should be clarified, and the functions of the administrative illegal responsibility and criminal responsibility and their relationship should be studied.