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Article 5 of the Administrative Punishment Law stipulates that to implement administrative punishment and correct illegal acts, we should adhere to the combination of punishment and education, and educate citizens, legal persons or other organizations to consciously abide by the law. The establishment and implementation of administrative punishment must be based on facts, which are equivalent to the facts, nature, circumstances and social harm of illegal acts.

First of all, punishment must be given, otherwise it will not be enough to stop illegal acts and restore normal order, to maintain legal order and make up for the losses suffered by the state, society and individual citizens due to illegal acts, and to make the offenders wake up and stop endangering society through the pain of punishment; The second is to make the parties abide by the law through punishment. According to the law, the person who is punished must have the ability of responsibility and be a person who can be educated and reformed.

Any punishment that gives up educational efforts or replaces education with punishment does not conform to the principle of combining punishment with education. The combination of punishment and education is of great significance. "Combination of punishment and education" is an important principle established in the Administrative Punishment Law, which means that in the process of implementing administrative punishment, the punished person is persuaded and educated, and at the same time, the punished behavior, reasons and results are informed to the public in a certain way within a certain range.

As can be seen from its provisions, this principle includes the following four meanings: first, the subject of "punishment" is legal, that is, no organ, organization or individual can exercise the power of administrative punishment except administrative organs; Second, the application premise is specific, that is, the principle can only be applied in the process of implementing administrative punishment and correcting illegal acts; Third, the coercive degree of the application principle is certain.

That is to say, in the practice of administrative law enforcement, punishment and education must be combined compulsorily, not arbitrarily and selectively; Fourth, the application object is specific, that is, citizens, legal persons or other organizations. The necessity of combining punishment with education.