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目前执法机构对出租车非法营运的行政处罚仅采取高额罚款的处罚方式,导致了执法阻力大、执行效果差、社会评价低等问题。通过对当前有关针对非法营运立法的梳理,可以发现对出租车非法营运进行处罚,当前执法机构采取高额罚款的处罚方式在法律适用是存在问题的。执法机构应当在法律原则的指引下,准确适用法律规则,并适当作出裁量,才能作出适用法律准确的行政处罚。
At present, law enforcement agencies only take the punishment of high fines for administrative penalties for the illegal operation of taxis, resulting in such problems as large enforcement resistance, poor enforcement effect and low social appraisal. By combing the current legislation on illegal operation, we can find that the illegal operation of taxis is punished. At present, the way in which the law enforcement agencies take the heavy fines is problematic in the application of law. Law enforcement agencies should, under the guidance of the principle of law, accurately apply the rules of law and make appropriate judgments before they can make the administrative penalties applicable to law.