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一、实施:充分保障处罚机关依法独立行使处罚权的过程实施是行政处罚创设、实施、救济三个环节中的第二个环节,也是最根本、最重要的中心环节.创设行政处罚不是目的,而是为了使处罚得到最完全、最正确、最彻底的实施.它不仅需要一套自上而下、庞大严密的执法机构和执法人员,而且涉及到几亿公民、几百万法人或其他组织的切身权益,这就决定了“执法必严”必将比“有法可依”更加困难.如果说创设的实质是以法的形式公平分配处罚机关与相对一方的权利义务,并对各自的违法后果加以规定;救济的本质是切实维护相对一方依法行使诉权,平衡处罚实施过程中行政机关与相对一方因明显不对等的法律地位造成的巨大反差.那么实施行政处罚的核心则是充
I. Implementation: The process of fully guaranteeing that punishment organs independently exercise their right of punishment in accordance with the law is the second of the three links in the creation, implementation and relief of administrative punishment, and is also the most fundamental and important link in the process. Establishing administrative punishment is not an end, But rather to give the punishment the most complete, correct and thorough implementation, which requires not only a top-down, large-scale law enforcement agencies and law enforcement officials, but also hundreds of millions of citizens, millions of legal persons or other organizations If we say that the essence of creation is to fairly distribute the rights and obligations of the punishing organ and the other party in the form of law, And the provisions of their respective illegal consequences; the essence of relief is to effectively safeguard the relative party to exercise the right to appeal, the balance of the implementation of the punishment of the executive and the opposite party due to the apparent non-equal legal status caused by the huge contrast then the core of the implementation of administrative penalties Is full