在食品卫生行政处罚中 ,“没收违法所得”和“自由裁量”是处罚目的一致 ,处罚手段不同的 2种制裁方法。自由裁量虽然在法律法规规定的范围内 ,但也存在自行判断、自定标准和自行解释的一定自由[1] 。尤其是较大数额的罚款 ,自由裁量很大 ,处罚过轻过重都显失公正。根据违法者? In the administrative sanction for food hygiene, “confiscation of illegal income” and “discretion” are two kinds of sanctions that have the same purpose and different punishment methods. Although discretion is within the scope of laws and regulations, there are also certain freedoms of self-judgment, self-determination, and self-interpretation [1]. In particular, a large amount of fines are subject to great discretion, and penalties that are too light and too heavy are not fair. According to the offender?