现代法治视野下行政处罚权的博弈研究

行政处罚权与公民权有着密切的关系,行政处罚权是以保障公民权为前提的,同时又受到公民权的制约,两者之间的冲突和对抗构成了一个博弈的过程,为了让博弈能够实现一个均衡的结果,我们务必从立法、执法、监督等方面来寻找协调行政处罚权与公民权之间的矛盾与冲突,以加快法治现代化的步伐。

Modern Law in the Perspective of Administrative Punishment in the Game

Administrative punishment has a close relationship with the civil,administrative punishment based on the premise of protection of civil rights,civil rights restricted by the same time,conflicts and confrontations between the two form a game process.In order for games to achieve a balanced result,we must from the legislative,law enforcement,supervision,coordination of administrative penalty area to find the right and the contradictions and conflicts between civil rights,to promote the rule of law,the pace of modernization.