行政处罚中过罚相当原则的理解与适用

The Understanding and Application of the Principle of Equal Excessive Punishment in Administrative Punishment

过罚相当作为行政处罚的法定原则与价值取向,贯穿于行政处罚设定与实施的始终。尽管过罚相当原则的基本内涵在法律规范中已有所体现,但是该原则的完整内涵尚无定论。本文从过罚相当原则的法律基础及理论溯源出发,采用实证研究的方法,针对过罚相当原则在行政执法与司法审查实践中的困境进行归纳与分析,围绕当前行政法治建设的形势任务和现实需求,针对过罚相当原则适用优化路径进行探索,从生动繁复的执法、司法实践中寻找时代注解。

As a legal principle and value orientation of administrative punishment, the principle of excessive punishment runs through the whole process of setting and implementing administrative punishment. Although the basic connotation of the principle of excessive punishment has been reflected in the legal norms, the complete connotation of the principle is not yet settled. This paper intends to start from the legal basis and theoretical traceability of the principle of excessive punishment,adopt the method of empirical research, summarize and analyze the dilemma of the principle of excessive punishment in the practice of administrative law enforcement and judicial review, explore the optimal path for the application of the principle of excessive punishment around the current situation and realistic needs of administrative rule of law construction, and search for the contemporary notes from the vivid and complicated law enforcement and judicial practice.