Principle Of "No One Should Be Twice Punished For The Same Cause"

"no one should be twice punished for the same cause" is a basic principle of administrative penalty. In the field of administrative law, as to the connotation of the principle of "no one should be twice punished for the same cause", it hasn't been unanimous so far. Although the law of administrative penalty in our country makes some rules on this issue, it's imperfect. "no one should be twice punished for the same cause" is to prevent penalty organ from abusing its power to punish the relative person for the same cause with the same fact, protect litigant's legal rights and interests.This article full absorpt existing research results, from the angle of legislation study and the jurisprudence, uses many method such as value analysis, diagnosis analysis, comparative analysis and constitutional government analysis, and so on. Proposed own shallow suggestion, expect to have the help for the principle of "no one should be twice punished for the same cause".The first part, mainly elaborated the origin of the principle of "no one should be twice punished for the same cause", as well as stipulated the principle's vital significance.With the Guide of Legislative Science , The 24th clause in Law of the People's Republic of China on Administrative Penalty is not a principle of "no one should be twice punished for the same cause", but a regulation. This principle should be stipulated in the general provisions of the law on administrative penalty, so as to transform governmental functions, increase administrative efficiency, promote Law-based Administration in an All-round Way, and build the government up into one that is ruled by law.Carry out the principle of "no one should be twice punished for the same cause" can keep stable order of administrative law. By means of control of administration, it can safe-guard people's legal rights and profits, increase the efficiency of the government, otherwise administrative organ would raise administrative cost, consume more natural resources. Besides, administrative procedures should be draw up.The second part , definite the same cause, In the basis of the research results have been fully absorbed, boldly suggested that the adoption of...