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行政违法责任与刑事犯罪责任的竞合,无论从理论还是实践上都不是一个新问题,但是至今还缺乏统一的意见,尤其在实践中对违法相对人,即刑事犯罪中的罪犯的处罚是采取并罚主义,还是竞合主义,又或是有限并罚主义都没有形成共识。文章从行政处罚与刑罚的差异分析切入,结合实践进行分析,以期探寻一条解决之路。
The competition between the administrative illegal responsibility and the criminal responsibility is not a new issue both in theory and in practice, but so far there is still a lack of unified opinions. In particular, the punishment in practice against criminals in the opposite of criminality, ie criminal offenses, is adopted There is no consensus on whether it is a combination of corporal punishment, parallelism, or corporatism, or limited and not-for-profit. Article from the analysis of the difference between administrative punishment and penalty analysis, combined with practice analysis, with a view to finding a solution.