法院罚款的权力属性与法律规制

Attributes and Legal Regulation of the Court’s Power to Impose Fines

法院罚款权不属于司法权而是行政权,是处罚权而非强制权。因此,法院罚款行为应适用行政处罚法,遵循处罚法定原则,适用一事不再罚的规定和听证程序。司法权威应融于一国整体的法秩序之中,作为名义上的司法权,法院的罚款权应当受到一定的法律限制,实现司法权与行政权的合理平衡。所谓司法优位是相对的,如果说在司法诉讼中行政机关要服从司法秩序,那么同样在行政执法中司法机关也无权超越行政法秩序。虽然行政机关在司法机关的执行案件中负有"协助"的义务,但这并不意味着,行政机关不再具有行政执法的主体性而只是司法机关的辅助机关。鉴于法院司法行政权的法律规范粗疏、救济功能缺失,因此当下对其规制只能援用行政立法资源。

The court’s power to impose fines does not belong to the category of judicial power but to that of administrative power.That is,to impose fines is an administrative power rather than a judicial power with a compulsory nature.Therefore,when the court is to impose fines,it should be regulated by the Administrative Penalty Law and follow the principles of legality of punishment,no longer imposing a new penalty on the same matter which has already been handled judicially and undergoing the necessary hearing procedures.On this basis,we argue that judicial authority should be integrated into the whole legal order of a country.As a nominal judicial power,the court’s power to impose fines should be regulated by certain laws to achieve a reasonable balance between judicial power and administrative power.The so-called judicial superiority is relative to some extent.If the administrative organs should obey the judicial order in judicial proceedings,the judicial organs also have no power to ignore the order of administrative law in administrative law enforcement.Although administrative organs have the obligation to"assist"judicial organs in executing their orders,this does not mean that the administrative organs no longer have their subjectivity in administrative law enforcement,and are simply reduced to a helping hand for the judicial organs.In view of the inadequate legal norms and the lack of relief function played by the judicial administrative power of the court,the current regulation of the judicial administrative power can only use administrative legislative resources.