一、地方立法设定行政处罚的依据和原则创设有关行政处罚的法律规范是地方立法中一个不容回避的问题。过去,因为没有统一的规定,导致行政处罚的设定随意性较大,实践中出现了诸如“软”、“滥”、“乱”的问题,引起群众和社会的不满。八届全国人大四次会议通过的《中华人民共和国行政处罚法》为此作了统一的规范。《行政处罚法》第2条明确规定:“行政处罚的设定和实施,适用本法。”这一规定表明,今后不管是制定法律、行政法规,还是制定地方性法规、地方政府规章,但凡设定行政处罚,都必须遵循、符合《行政处罚法》的原则和精 First, the local legislation to set the basis and principles of administrative penalties The creation of legal norms on administrative penalties is an unavoidable issue in local legislation. In the past, because there was no unified regulation, administrative punishment was set arbitrarily. Problems such as “soft ”, “abuse ” and “chaos ” appeared in practice, causing dissatisfaction among the masses and the society . The “Administrative Punishment Law of the People’s Republic of China” passed at the Fourth Session of the Eighth NPC was the standard for this purpose. Article 2 of the Administrative Punishment Law clearly stipulates that: “The establishment and implementation of administrative penalties shall be governed by this Law.” This provision shows that in the future, whether it is to formulate laws and administrative regulations or formulate local laws and regulations, local government regulations , Where the establishment of administrative penalties, must follow, in line with the “Administrative Punishment Law” principle and fine