我国的刑法学因起步较早、研究充分,在犯罪构成及罪数形态理论上较为成熟,其完整地规定了犯罪行为的认定、数个行为之间的辩证关系、单处和并罚的原则等等。它山之石,可以攻玉。行政处罚与刑罚具有天然的联系,在法理上也一脉相承,由此,在遇到行政执法尤其是行政处罚的现实困境时,可以从刑法现有的成熟理论中寻求借鉴。 Criminal law in our country started earlier and studied adequately. It is relatively mature in terms of crime constitution and the theory of the number of crimes. It completely defines the criminal act, the dialectical relationship among several acts, the principle of single and concurrent punishment and many more. It’s mountain stone, you can Gong Yu. Administrative punishment has a natural connection with penalty, and it also has the same strain in jurisprudence. Therefore, when facing the real predicament of administrative law enforcement, especially administrative punishment, it can seek reference from the existing mature theory of criminal law.