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我国将一级政府主要行政处罚权集中到一个部门行使,虽然有行政处罚法法条依据,但实质上违反职权法定等法治原则。行政处罚权从法律授权的行政机关剥离出来交由综合执法机关行使,不利于实现行政管理目标,出现僵化行政执法,也带来行政管理体制混乱;不利于行政处罚权正确实施。应当在较小范围内集中行政处罚权,主要在纵向维度集中,将不同层级政府的行政处罚权集中到一级政府行使。在横向领域,可以结合大部制改革实现行政处罚权集中。
In our country, the primary administrative punishment power of a government is concentrated in one department. Although there is a basis for the administrative punishment law, it violates the principle of the rule of law such as statutory powers. The right of administrative punishment is peeled off from the administrative organ authorized by the law and handed over to the comprehensive law enforcement agencies for exercising, which is not conducive to achieving the goal of administrative management. It also results in rigid administration and law enforcement, and brings about chaotic administrative system. It is not conducive to the correct implementation of administrative penalty. Centralized administrative penalties should be concentrated in a relatively small area, mainly in the vertical dimension, and the power of administrative penalties of different levels of government should be concentrated at the level of government. In the horizontal field, the power of administrative punishment can be concentrated in combination with the reform of most departments.