Because there is some concurrent phenomenon between the scopes which the power of administrative penalty and the power of criminal penalty are applied simultaneously in China, the two powers may be exercised over-lapping in the practical process and then some conflict maybe appears. 由于行政处罚权与刑罚权在作用范围上存在一定的重合现象,因而两种权力在具体运作中存在一定的交叉而导致冲突。