Administrative Penalty

Abstract：This article begins with a case，which involves a kind of understanding about the scope of administrative penalty hearing，then it concludes and analyzes the different understandings about the scope of administrative penalty hearing from each locality，department and jurist，it deems that the reason why there are such different understandings should be that they don’t study the scope of administrative penalty hearing from the legislative original ideas and the meaning of the law，it deems that we must study the law from legal spirit and legal intention. The article also deems that it ought to enhance legislative interpretation system in our country，so as to reach the harmony and the correspondency between legislative original idea and executive practice.

Key words：administrative penalty， hearing procedure， scope ， legislative original ideas， conflict