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行政处罚是行政机关依照法律、法规的规定对违反法律、法规、规章尚未构成犯罪的行为给予的法律制裁。行政处罚一般具有以下特征:(一)必须以被处罚人违反法律、法规、规章规定的义务为前提。公民、法人或其他组织无违法行为。行政机关就不能给予行政处罚。(二)行政处罚必须由行政机关依法作
Administrative penalties are the legal sanctions imposed by administrative organs in accordance with the provisions of laws and regulations on violations of laws, regulations and rules that have not yet constituted a crime. Administrative punishment generally has the following characteristics: (1) The prerequisite must be that the person to be punished violates the obligations stipulated by laws, rules and regulations. Citizens, legal persons or other organizations have no illegal activities. Administrative agencies can not impose administrative penalties. (B) of the administrative penalties must be made by the executive authorities according to law