《治安管理处罚法》实施研究

Research on the Enforcement of“Law on Public Security Administration Pumshments”

实施《治安管理处罚法》需要注意:《治安管理处罚法》与《行政处罚法》应当是特别法与一般法的关系;与《刑法》之间存在着交叉和衔接关系;实施治安管理处罚不能放弃处罚法定原则;主观状态不应作为治安管理处罚的构成要件;公安机关在确认治安违法事实时应当遵循多元化的证明标准。

We should take the following points into consideration when enforce Law on Public Security Administration Punishments： the relations between l.aw on Public Security Administration Punishments and Law on Administrative Punishments is special law and common law; Law on Public Security Administration Punishments has some common areas with Criminal Law; the principle that punishment must be prescribed by law should not be given up; the mind state should not be regarded as a constitutive elements of public security administration punishments and multi - standards of proof must be established when public security organs affirm illegal fact.