论行政处罚法上的便宜原则

便宜原则在我国行政处罚法上并无明文的依据,但在行政实务中却不乏采用。基于合理行政的要求,在行政处罚法上应当承认便宜原则。便宜原则作为法定原则的一种补充,应仅于特殊情形下适用。由于便宜原则授予了行政机关更加宽泛的自由裁量权,因此其在适用时必须受到严格的约束。在将来修订行政处罚法时,有必要对便宜原则作出明确的规定。

On the Principle of Acting According to Circumstances in the Law on Administrative Penalty

The principle of acting according to circumstances is not stated in explicit terms in the law of the People’s Republic of China on Administrative Penalty,but it has been adopted in administrative practice from time to time.This principle should be recognized in the Law on Administrative Penalty based on rational administration.However,this principle as a supplement to the legal principle is only applied to special and exceptional circumstances.As this principle grants administrative organs more extensive discretionary power,its application must be subject to strict constraints.Express provisions on this principle should be added when the Law on Administrative Penalty is amended in the future.