行政处罚听证范围的“等内”界定

Internal Definition of the Hearing Range of Administrative Punishment

行政处罚的听证范围是我国听证制度建立的重要部分,围绕听证范围产生很多争论,扩大听证范围几乎成为共识,在外部扩张的同时,应当兼顾内部范围的确定。从法律法规对"等内"范围的界定不明,理论界认识的模糊入手,结合行政执法实践,提出界定"等内"范围的标准,并通过指导案例的形式予以明确。

The hearing range of administrative punishment is an important part of the hearing system in our country, and it produces a lot of controversy around the hearing range. Expanding the scope of the hearing almost become a consensus. At the same time of external expansion, consideration shall be given to the inner scope. The internal definition of the hearing range of administrative punishment is not clear, and the theoretical circle has vague knowledge about this problem. In combination with administrative enforcement practice, this paper puts forward the standard of the internal definition of the hearing range of administrative punishment, and clarifies it through the form of guiding cases.