整顿双减政策执法乱象的关键——构建合法性与合理性的良性循环

The Key to Rectifying the Chaos of Double Reduction Policy Enforcement—Building a Virtuous Circle of Legality and Rationality

摘要: 依法行政是行政机关进行校外培训监管所应当遵循的准则，行政处罚作为最典型的侵益性、制裁性措施，能够集中反映、评价“双减”过程中依法行政的落实度。通过选取行政处罚作为观察“双减政策”依法执法的介质，采用合法性与合理性的双重视角，可以发现在对校外培训进行行政处罚过程中存在规范性欠缺、手段选取不当等乱象。为此，应当在合法性和合理性双重评价的良性循环的基础上，以“法律规范–行政执法–行政程序”为落脚点，进一步完善校外培训行政处罚法律规范体系，完善校外培训处罚自由裁量基准，深化行政处罚体制机制改革，探索管控“双减政策”执法的法治化新路径。

Abstract: Administration according to law is the standard that administrative organs should follow when conducting off-campus training supervision, and administrative punishment, as the most typical encroaching and sanctioning measure, can centrally reflect and evaluate the implementation of lawful administration in the process of “double reduction”. By selecting administrative punishment as the medium to observe the law enforcement of the “double reduction policy”, and adopting the dual perspectives of legality and rationality, it can be found that there is chaos such as lack of normative and improper selection of means in the process of administrative punishment for off-campus training. To this end, on the basis of the virtuous circle of dual evaluation of legality and rationality, and with “legal norms-administrative law enforcement-administrative procedures” as the foothold, we should further improve the legal normative system for administrative punishments for off-campus training, improve the discretionary standards for off-campus training punishments, deepen the reform of the administrative punishment system and mechanism, and explore a new path of rule of law for controlling the enforcement of the “double reduction policy”.