行政处罚与刑罚的竞合问题研究

摘要

行政处罚与刑罚的关系问题早就引起我国学者的关注,但是关于二者竞合的适用问题尚未达成统一认识。既有的三种处理行政处罚与刑罚竞合的适用模式均有其固有的弊端,应当用＂整合适用模式＂弥补现有三种处理模式的缺陷,协调行政处罚罚则与刑罚刑种之间的交叉关系,解决行政权与司法权的冲突。%The relationship between the administrative penalty and criminal penalty has long attracted the attention of scholars in China,but has not yet reached a unified understanding on the application of the two competing.The three applicable modes of administrative penalty and criminal penalty competing have their inherent drawbacks,so the "integrated applicable mode" should be used to make up for the defects of the existing three processing modes,to coordinate the cross-relations between the administrative penalty and criminal penalty and to resolve conflicts between executive power and judicial power.