《治安管理处罚法》实施研究

实施《治安管理处罚法》需要注意:《治安管理处罚法》与《行政处罚法》应当是特别法与一般法的关系;与《刑法》之间存在着交叉和衔接关系;实施治安管理处罚不能放弃处罚法定原则;主观状态不应作为治安管理处罚的构成要件;公安机关在确认治安违法事实时应当遵循多元化的证明标准。

Research on the Enforcement of "Law on Public Security Administration Punishments"

We should take the following points into consideration when enforce Law on Public Security Administration Punishments: the relations between Law on Public Security Administration Punishments and Law on Administrative Punishments is special law and common law; Law on Public Security Administration Punishments has some common areas with Criminal Law; the principle that punishment must be prescribed by law should not be given up; the mind state should not be regarded as a constitutive elements of public security administration punishments and multi-standards of proof must be established when public security organs affirm illegal fact.