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近年来,连续罚得到学界的普遍赞扬,而地方与部门立法与执法也勇于实践。但是,现行连续罚制度设计的合理性与合法性其实还有需要探讨的空间。从合法性上说,连续罚有违背《行政处罚法》和《行政强制法》的嫌疑;从定位上说,连续罚是定位为秩序罚还是执行罚,还有一些争议;从合理性上说,现行连续罚制度设计较为粗糙,需要改进。
In recent years, continuous punishment has been widely praised academics, and local and departmental legislation and law enforcement are also brave in practice. However, there is still room for discussion on the rationality and legitimacy of the current continuous penal system. Judging from the legitimacy, continuous penalties violate the “Administrative Punishment Law” and “Administrative Enforcement Law” suspects; from the positioning, the continuous penalty is the order of punishment or enforcement punishment, there are still some controversy; from the reasonableness of that The current design of continuous penalty system is rather rough and needs improvement.