免予行政处罚制度的适用研究——以种业执法为例

Research on the Application of the System of Exemption from Administrative Punishments--Taking Seed Industry Enforcement as an Example

“治国无其法则乱,守法而不变则衰”。伴随着时代变化,“良法善治”的精神内涵日益丰富,柔性执法,法律既要有硬度也要有温度等法治需求不断提出。面对社会出现的执法罚款问题,执法机关积极回应,践行《中华人民共和国行政处罚法》第三十三条免予行政处罚制度要求,出台免罚清单,对于满足条件的违法行为作出免予行政处罚决定。本文以种业执法领域关于免予行政处罚的探索入手,分析存在的问题。通过对问题的研究,提出规范免罚清单设置、完善执法程序、加强配套制度建设等建议。

“A country without its own rules is chaotic,and abiding by the law without change leads to decline.”.With the changes of the times,the spiritual connotation of“good law and good governance”is becoming increasingly rich.Flexible law enforcement and the need for both hardness and warmth in the law are constantly being proposed.Faced with the issue of law enforcement fines in society,law enforcement agencies have actively responded,implemented the requirement of exemption from administrative penalties in Article 33 of the Administrative Penalty Law of the People's Republic of China,issued an exemption list,and made decisions on exemption from administrative penalties for illegal acts that meet the conditions.This article starts with the exploration of exemption from administrative penalties in the field of seed industry law enforcement,and analyzes the existing problems.Through research on the issue,suggestions are proposed to standardize the establishment of exemption lists,improve law enforcement procedures,and strengthen the construction of supporting systems.