论刑罚和行政处罚的关系与发展

On the Relations and Development of Penalties and Administrative Penalties

刑罚和行政处罚是公法责任实现体系中最重要、最基本的组成部分。传统的公法责任实现体系以刑罚和行政处罚的衔接为基础,但现代法制带来的多元化的责任实现方式使传统的刑罚和行政处罚衔接的结构发生断层和交叉。立基于结果本位的犯罪观与立基于行为本位的犯罪观的冲突,引发了刑罚和行政处罚的衔接模式与劳动教养在关注焦点上的不同,前者以量的规定性界定行为的社会危害性,并以此作为责任实现形式体系的依据;后者以行为人的人格因素为关注焦点,以主观恶性为责任实现形式的基础。最终要实现刑罚和行政处罚衔接的结构与劳动教养整合,即公法责任实现形式的有机整合。

Penalties and administrative punishment are most important basic components of the public responsibility system to achieve. The realization of the traditional system of public law duty to penalties and administrative penalties is based on convergence of them, but the modern legal system brings about the multimodal realization of the responsibilities in the realization of the responsibility that makes traditional convergence of them in the cross--fault structure. Based on the conflict of results--based concept of crime and behavior--based view in crime, it has led to different focus between the convergence model of a penalty and an administrative penalty of reeducation through labor. The former defines the harm of the acts to society by the volume, and taking it as the evidence of responsibility system based on the realization of the form; the latter focuses on the perpetrator＇s personality factors, taking the subjective responsibility vicious in the form of a foundation to achieve. The final purpose is to realize the integration of convergence between penalties and administrative penalties and re--education through labor, that is, the form of public responsibility to achieve the organic integration.