从具体行政行为的效力谈治安管理处罚中应注意的问题

行政行为具有公定力、确定力、拘束力和执行力四大特征。在治安管理处罚实践中,要做到行政行为的严肃性,就必须确保执法过程的法定程序完备,不能将自由裁量权超出法律规定的范围;行政行为一经作出,不可朝令夕改,确保处罚决定对违法行为产生拘束力。

Notable Problems of Punishments in Public Order and Security Administration with Effectiveness of Specific Administrative Act

The administrative act has four characters: determination,finality,binding effect and execution.In the prac-tice of punishments in public order and security administration,in order to achieve the seriousness of administrative act,we should ensure the completeness of legal proceedings during the course of law enforcement,and should not use discretion beyond the scope of legal requirements.Once an administrative act is made,it should not be amended frequently,so as to ensure that the decision for punishment could be binding upon offences.