行政命令与行政处罚程序和谐关系之构建

行政命令与行政处罚是两种不同的具体行政行为，二者在实体上相互区分的同时，在程序上又相互联系，这种联系建立在二者都可针对相对人的违法行为作出的基础上，表现为程序上的排他关系、并行关系或优先关系，其中以命令前置为原则的程序优先关系是一种和谐的程序关系．它不仅体现了执法手段从轻到重的和谐，也体现了行政主体与行政相对人之间的和谐，构建这种和谐的程序关系对保障相对人的合法权益具有重要的意义。

The Construction of the Harmonious Procedural Relation Between Executive Orders and Executive Punishments

Executive orders and executive punishment are two different discretional administrative actions,although they differ with each other in substantive aspects,they also have some relation in procedural aspects.This relation is based on that both of them are directed at the violations of individuals',and embodied as exclusive,collateral,or preferential connections in procedural aspects.The procedural relation as principle of executive orders before punishment is a kind of harmonious relations,it not only indica...