相对集中行政处罚权制度若干问题评析

相对集中行政处罚权制度是行政处罚权在行政机关之间的重新配置，从试点情况来看，该制度仍然是一种过渡性的制度安排，它并没有从根本上消除传统行政处罚体制的弊端。从长远看，该制度也不符合现代行政法治的基本要求，无法与国际上通行的行政法治观念与行政法律制度接轨。建立现代行政处罚新体制，既要在现有体制内部寻求突破，实现管理权与处罚权的适当分离；又要在现有体制外部寻找途径，适时推进行政处罚的司法化进程。

On the System of Relatively Centralized Administrative Punishment Power

The relatively centralized administrative punishment power system is the reallocation of the administrative punishment powers among the varied administrative organs. According to the pilot undertaking, this system is only a transitional institutional arrangement. It can not put an end once and for all to the abuses in the traditional administrative punishment system. And in the long run, this system will no longer accord with the fundamental requirements of modern administrative law, and will fail to bring itself in line with the internationally applicable concept of administrative law and the administrative legal system. A new system of modern administrative punishment to be established shall not only be able to make some breakthroughs from the existing system so as to bring about the proper division of administrative power and punishment power, but it shall also seek some solutions from outside the existing system so as to accelerate the judicial process of administrative punishment in good time.