我国行政罚款协商的现实意蕴与路径探索

On the Practical Implication and path exploration of the Negotiation of Administrative Penalty in China

行政罚款由于其简易性、自主性而广泛应用于我国行政执法环节。当前,我国行政罚款过程中存在着标准多、类别杂、执行乱及执法主体权限难以限制等问题。而行政罚款协商有助于矫正当下行政罚款乱象,提升政府公信力,促进公民参与。行政罚款协商应遵循依法行政,教育为主、惩罚为辅,自愿平等,公平公开,协商范围有限性等原则,从加强立法、规划流程、强化监督、引导公民参与等方面着手,完善行政罚款协商体制。

Administrative penalty is wid ely used in administrative law enforcement in China due to its simplicity and autonomy.At present,there are many difficulties in the process of administrative penalty in China.The negotiation of administrative penalty can help correct the current administrative penalty,enhance the government＇s credibility,and promote the participation of citizens.The negotiation of administrative penalty should be based on the principle of administration according to law,education,and the principle of punishment,the principle of voluntary equality,the principle of fair openness and the finiteness of the negotiation scope.Through strengthening legislation,planning process,attaching importance to supervision and guiding participation in perfecting the administrative penalty negotiation system,we will promote the construction of a comprehensive rule of law.