This article analyses certain problems of administrative penalty on the basis of theory and practice. Personally, I think the administrative penalty rules depend on the characteristics of penalty actions and the administrative penalty itself. Therefore the administrative penalty practice is actuauy a process which full}' protects the penalty' departments to earn' out their penalty rights independently according to the law. The conclusion is drawn by analyzing the problems of different administrative penalty' rules of illegal actions, the practice of administrative penalty', administrative penalty rights, and the separate rights of carrying them out and so on. At the same time, it is pornted out that the separate rights of administrative penalty and the rights of earning them out is an unavridable tendency and basic need of the change of the government duties and the development of the administrative legal system.
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