依法实施行政处罚行为,是国家行政机关依法行政的重要体现,也是国家行政机关在行使行政职权中取信于民的基本工作要求之一。笔者根据行政诉讼法、行政处罚法的有关规定及行政法的有关原理,结合司法实践,着重谈谈实施行政处罚行为中应正确把握的几个重点问题。笔者认为,国家行政机关实施的行政处 The implementation of administrative penalties according to law is an important manifestation of the administration by law of the state according to law and one of the basic requirements for the state administrative organs to gain the trust in the people by exercising their administrative powers. According to the relevant provisions of the Administrative Procedure Law and the Administrative Punishment Law and the relevant principles of the Administrative Law, the author focuses on several key issues that should be correctly grasped in the implementation of administrative penalties in light of judicial practice. The author believes that the executive branch of the State Administration