论治安处罚与刑事处罚的有机衔接

Discussion on the organic convergence of public order punishment and criminal penalty

治安处罚与刑事处罚都是国家对不法行为的法律制裁,两者在实践中经常发生竞合与错位现象,因此,在实践中要实现治安处罚与刑事处罚的有机衔接,将这两种不同性质的制裁措施在立法和适用上紧密结合,形成一个轻重有别、跨度适中、排列合理、梯次有序的处罚体系,真正实现错罚相应、处罚得当、判罚分明、不枉不纵。这其中,既要包括理念和制度上的革新,又要有立法和执法上的统一,还要有对竞合问题的解决以及错位现象的纠正。

Public order punishment and criminal penalty are legal sanctions for wrongful acts. In practice competition and dislocation of the two often occur. Therefore, need to realize the organic convergence of public order punishment and criminal penalty in practice, make these two sanction measures with different quality combine close on legislation and application, form a punishment system in which light wrongful acts and heavy wrongful acts are treated distinctive- ly, span is moderate, arrangement is reasonable and echelon is ordinal, realize indeed that the wrongful act and punishment are appropriate, penalty is proper and fair, does not pervert and does not connive. This system includes not only the reformation in idea and system, but also the unification of legislation and execution, can resolve the competition and correct the dislocation.