The differences between them are as follows: First, the concepts are different. Administrative punishment refers to the specific administrative act that the administrative subject gives administrative punishment to the relative person who violates the norms of administrative law and does not constitute a crime in accordance with the statutory authority and procedures; Administrative law enforcement refers to the specific administrative legal act that the administrative subject handles specific events in accordance with the administrative law enforcement procedures and relevant laws and regulations, which directly affects the rights and obligations of the relative person. Second, the scope of the two is different. Administrative punishment is only one kind of administrative law enforcement. Administrative law enforcement includes: administrative license, administrative penalty, administrative ruling, administrative compulsion, administrative confirmation, administrative payment, etc.
Legal objectivity:
The subject of administrative law, that is, the subject of administrative legal relationship (narrow administrative legal relationship, broad administrative legal relationship including administrative relationship and supervision administrative relationship), also known as the party of administrative legal relationship, refers to the holder and undertaker of rights and obligations in administrative legal relationship, including administrative subject and administrative counterpart. Administrative subject refers to a social organization that enjoys administrative power, can exercise administrative power in its own name, make administrative actions that affect the rights and obligations of the administrative counterpart, and can independently bear the corresponding legal responsibilities arising therefrom. The administrative subject is formally divided into state administrative organs and organizations authorized by laws and regulations. Details are as follows: 1. The state administrative organ is the most important administrative subject, and the administrative organ refers to the state organ established in accordance with the provisions of the Constitution and relevant organization laws to exercise state administrative functions and powers and be responsible for organizing, managing, supervising and guiding various administrative affairs of the state. Administrative organs belong to state organs (including power organs, administrative organs, judicial organs, military organs, etc.) According to the scope of authority, administrative organs can be divided into central administrative organs and local administrative organs. The central administrative organs include various departments in the State Council and the State Council, institutions directly under the State Council, the National Bureau under the management of the State Council ministries and commissions, and the General Office of the State Council. Local administrative organs include local people's governments at all levels, functional departments of local people's governments at all levels and agencies of local people's governments at all levels. It should be noted that the dispatched offices include administrative offices, district offices and sub-district offices. In addition, the management committees set up by local people's governments at or above the county level in economic and technological development zones also belong to agencies. The agency of a local people's government is not a people's government at the first level, but it actually performs the functions of a people's government at the first level, exercises the right to organize and manage all administrative affairs in a certain area according to law, can make administrative acts in its own name, and bears legal responsibility for the consequences of its actions, so it has the qualification of administrative subject. 2. Organizations authorized by laws and regulations can be divided into: 1. Administrative organ: refers to the internal organs, dispatched institutions and temporary institutions established by the state administrative organs to handle and undertake various administrative affairs. (1) Internal organs: Some internal organs of administrative organs can become administrative subjects under the authorization of laws and regulations. For example, the Trademark Office of the State Administration for Industry and Commerce (authorized by the Trademark Law) and the Patent Reexamination Board of the State Patent Office (authorized by the Patent Law). (2) Agency: refers to an agency established by a government functional department in a certain administrative region to manage an administrative affairs on behalf of the functional department according to the needs of administrative management. Such as the local audit office, police station, industry and commerce office, tax bureau, finance office, etc. (3) Temporary institutions refer to institutions established by state administrative organs to assist in handling temporary administrative work. For example, the State Council used to have the National Flood Control and Disaster Relief Headquarters and the Administrative Examination and Approval System Reform Office. 2. Enterprise organization: Under certain circumstances, authorized by laws and regulations, enterprise organizations have also become administrative subjects. Such as China's public enterprises (post and telecommunications departments, railway transportation departments, gas companies, water companies, etc.). ), financial enterprises, administrative professional companies (such as State Grid Corporation) and so on. 3 institutions: teaching and scientific research institutions and institutions engaged in some special technical inspection or appraisal. , authorized by administrative regulations, can become the administrative subject. For example, the Higher Education Law grants institutions of higher education the right to award degrees. 4. Social organizations: most of them are public welfare social organizations authorized to become administrative subjects, such as consumer associations authorized by the Consumer Protection Law. 5. Other organizations: Some grassroots mass autonomous organizations, such as residents' committees and villagers' committees, are authorized to engage in certain administrative functions and become administrative subjects. Based on the source of power, the administrative subject can be divided into: the administrative subject of authority, that is, the regional administrative subject, which is mainly given to administrative organs; Authorized administrative subjects, that is, official administrative subjects, are mainly granted to administrative organs, institutions and other organizations. The concept, composition and classification of administrative subject tell us that a social organization must have: enjoy administrative power (prerequisite), exercise administrative power in its own name (main standard), and independently bear legal responsibility (key condition, here refers to administrative responsibility, as well as civil and criminal responsibility). In short, the state administrative organs are the most important administrative subjects, but not all administrative organs can become administrative subjects, only when they have certain conditions can they become administrative subjects; It is not necessarily the administrative organs (and organizations authorized by laws and regulations) that become the administrative subject. Social organizations (including organizations authorized by state administrative organs and laws and regulations) with administrative subject qualifications (or becoming administrative subjects) do not necessarily appear as administrative subjects (civil subjects in civil activities) on any occasion. Only by exercising administrative power in the country's administrative activities in its own name and independently assuming the legal responsibilities arising therefrom can it become an administrative subject.