根据处罚法定原则,行政处罚措施需有明确的法律依据,没有法定罚则时行政机关应采取非处罚性措施。但非处罚性措施难以法定,通常也无需法定。只有选择处罚,执法行为才能严格符合法治,因而奉行法治的结果,使行政执法越来越依赖于处罚手段,这显然有悖于法治保障人权的初哀。为促进非处罚措施的法治化,应当尝试将民事督促程序引入行政执法,作为治理违法行为和公共致害行为的常规手段,并可以首先在海洋行政执法中开展试点工作。 According to the statutory principle of punishment, there must be a clear legal basis for the administrative penalty measures. When there is no legal penalty, the administrative organ should adopt non-punitive measures. Non-punitive measures, however, are difficult to make statutory and often do not require statutory provisions. Only with the choice of punishment can law enforcement be strictly in line with the rule of law. Therefore, the result of the rule of law and the fact that administrative law enforcement relies more and more on the means of punishment have obviously contradicted the law-based protection of human rights. In order to promote the legalization of non-punitive measures, civil supervisory procedures should be tried to introduce into administrative law enforcement as a conventional measure to deal with illegal acts and public injustices, and the pilot work in marine administrative law enforcement can be carried out first.