行政处罚作为内生于政府规制的保障手段,在实现公共管理目标的过程中,其适用范围在理论上有限度但在实践中可能是模糊的。通过建立和推演行政处罚的博弈模型可以导出,行政违法行为应当具有不正当的可期待利益这一特征性要素。以此要素为标准,执法者可以明确法律规则的行为模式外延并就某一具体行为是否属于该外延作出判断,进而实现行政法律责任的依法追究。〔1〕 As the endowment of government punishment, administrative punishment, in the process of achieving the goal of public administration, has its theoretical scope but its application may be ambiguous in practice. Through the establishment and deduction of the game model of administrative punishment can be derived from the administrative illegal behavior should have an unfair expectable benefit of this characteristic element. With this element as the standard, law enforcement can clarify the behavior patterns of legal rules and make judgments as to whether a specific act belongs to the extension, so as to realize the legal liability of administrative law in accordance with the law. 〔1〕