论我国加处罚款制度的立法完善

我国立法对加处罚款的制度规定尚显稀疏,这已然成加处罚款遭受现实冷遇的重要原因。为了确保加处罚款的作用得以有效发挥,立法在肯定加处罚款的数额应当受限的基础上,还应当对加处罚款在非诉执行中能否申请人民法院强制执行、起算时间如何计算以及执行程序等问题做出进一步的规定。

On Legislation Perfection in Our Country Surcharge System

The surcharge system still has been thin in our current administrative legislation,and it has already become an important reason that surcharge has been incurred cold response.In order to ensure surcharge role to play effective,legislation should be in a sure foundation that the amount of surcharge should be limited,and it should also continue to make further rules of surcharge issues such as can or not to apply to court for enforcement in non action execution,and how to calculate time to count,and executive procedures etc.