能源监管领域违法所得法律内涵和认定方式浅析

Analysis of the Legal Connotation and Identification of Illegal Gains in the Area of Energy Regulation

能源行业法律法规设置了“没收违法所得”行政处罚方式,但违法所得这一概念还存在很多模糊认识,具体认定方式也需要进一步明确。在不同行政机关对违法所得的法律概念存在较大分歧时,能源监管领域应遵循违法所得固有含义和立法原意,结合能源行业的基本特点,采取利润说观点定义违法所得概念,并以全部收人扣减合理支出方式进行计算。

The law and regulation of energy industry has set up the administrative penalty mode of the“Confiscation of illegal gains”,but there are still many ambiguities about the concept of illegal gains,and the specific ways of identifying illegal gains also need to be further clarified.When there are major differences on the legal concept of the illegal gains in different administrative organs,the energy regulation area should follow the inherent meaning of the illegal gains and the original intention of the legislation,combine the basic characteristics of the energy industry,adopt a profit theory to define the concept of illegal gains,and it should be calculated by deducting all income from reasonable expenses.