On The Principle No Longer Punishment In Administrative Punishment

The principle no longer punishment in administrative punishment is a more popular domain of administrative law research in recent years. However, in theorists the concept of the punishment no longer in administrative punishment exists controversy, no consensus, that creates difficulties for the administrative activities of law enforcement. Because there is no uniform concept that causes the confusion of law enforcement authority, ultimately leads to the confusion of administrative law enforcement, duplication punishment, this unjust administrative punishment seriously damages the legitimate interests of the administrative relative. Moreover China's Administrative Punishment Law although determines the scope of application of the principle no longer punishment in administrative punishment, namely the principle no longer punishment in administrative punishment only applies to fines, to some extent it contains duplicate fines and safeguards the legitimate property rights of the administrative relative, but it does not solve the duplication punishment of other forms. This paper on the basis of learning from the principle no longer punishment in administrative punishment's legal theory and legal practice of other countries and regions, from the starting of China's principle no longer punishment in administrative punishment, we can analyze and explore the principle with summarized, comparison and empirical method, in theory the author has analyzed the concept, characteristic of the punishment no longer in administrative punishment and the determination, meaning, of the principle no longer punishment in administrative punishment, at the same time, in practice against the problems of the principle no longer...