论行政处罚法设定公民基本权利的宪法依据

On the Constitution Foundation of the Administrative Punishment Law Setting the Basic Rights of Citizens

行政处罚法作为一部行政法律是为了解决公权力与私权利的冲突和平衡的矛盾。在这一过程中,行政处罚法对公民基本权利的创设、行使起到了关键作用。鉴于行政法律与宪法的密切关系,从《行政处罚法》对公民基本权利的论述到设定的宪法法理这一线索出发,对《行政处罚法》设定公民基本权利的宪法依据进行完整的分析。

The Administrative Punishment Law, as an administrative law, is to resolve contradictions of conflict and balance between the public power and private right. In this process, the Administrative Punishment Law played a key role in the creation and exertion of the basic rights of citizens, Given the close relationship between administrative law and the Constitution, starting from the constitutional jurisprudence of the ＂Administrative Punishment Law＂ discussing and setting the basic rights of citizens, this article completely analyzed the constitution foundation of the Administrative Punishment Law setting the basic rights of citizens.