１９９６年全国人大制定的《行政处罚法》对行政处罚的设定、实施的机关、处罚的程序等作了明确的规定。该法颁行后，全国各地有立法权的人大及其常委会总体上能严格地依法立法。但也有一些地方在设定行政处罚时，已超出《行政处罚法》的规定，而且至今尚未得到纠正。笔者... The “Administrative Punishment Law” formulated by the National People’s Congress in 1996 clearly stipulated the establishment of administrative punishment, the organ in charge of implementation and the procedure of punishment. After the enactment of this law, the NPC and its standing committees with legislative power all over the country can, in general, strictly legislate according to law. However, in some places, when setting administrative penalties, the provisions of the “Administrative Punishment Law” have been exceeded and have not been rectified so far. author...