The Research On No One Should Be Twice Punished For The Same Cause In The Administrative Punishment Law

In legal practices, how to apply and judge the principle of no one should be twice punished for the same cause has been a controversial issue among the domestic scholars. There are several divergences. and no one should be twice punished for the same cause encounters a lot of troubles in manipulation. The practice shows that the different understandings result in the unity in the enforcing law field and destroy the people's legal right. With the development of market economy in China, this condition is becoming serious. With the application of relevant law theories in our country and using the authentic practices of judgment of the case of disputes arising from illegal acts against the administration for reference, this paper conducts an analysis and study on the issues involved in the application of this principle.This paper is made of three parts .The first part elaborated in detail basic implication of no one should be twice punished for the same cause and in overseas, beyond the border suitable situation, as well as the significance establishing no one should be twice punished for the same cause in our country. In the second part, discuss the administrative sanctions specifically the suitable situation in detail in our country and the questions which existed in the process law of enforcement. The third part is core part of this part, the incident in view of the question which in the process existing in our country of the second part, propose the background to establishment no one should be twice punished for the same cause Macroscopically, and propose the points to solute this questions microscopically. The author hopes the paper will be helpful for the application and judgment.