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行政处罚是行政制裁中的一种形式。所谓行政制裁是指由国家行政机关对违反行政法的单位或个人所依法实施的惩治措施。按照我国行政法的规定,行政制裁包括行政处分和行政处罚两种。一、行政处罚的概念和特征我们所要谈的行政处罚就是指由特定的国家行政机关对社会上各种违反行政法而尚未构成犯罪的轻微违法行为的公民、法人和其他组织所给予的一种法律制裁。从这个概念中,我们可以了解到行政处罚有这样几个特征:
Administrative punishment is a form of administrative sanctions. The so-called administrative sanctions refer to the punishing measures implemented by the state administrative organs according to law by units or individuals that violate the administrative law. According to the provisions of our country’s administrative law, administrative sanctions include two kinds of administrative sanctions and administrative sanctions. First, the concept and characteristics of administrative punishment We want to talk about the administrative punishment refers to the specific state administrative organs of the community in violation of various administrative laws and minor crimes that have not constituted a crime committed by citizens, legal persons and other organizations to give a law justicfication. From this concept, we can understand that there are several characteristics of administrative punishment: