That The Same Illegal Act Shall Not Be Given A Penalty For More Than Once Is A Basic Principle Of Administrative Penalty

That the same illegal act shall not be given a penalty for more than once is a basic principle of administrative penalty, which means that the offender should not be punished twice for the same disobedience. Though in theory, there is still controversy on understanding of its conception, agreement on one point has been reached, that is, in administrative penalty field, in the process of dealing with the relationship between two administrative penalties, this principle is applicable. In the criminal procedure, when the concurrence of two criminal penalties happens, the principle of ne bis in Idem is applied, this principle is similar to the principle of prohibition against double jeopardy in the common law system, under this principle, the offender is free from reprosecution and retrial for the same reason.. However, when the behavior of the administrative counterpart contravenes the administrative rules and the criminal law, there is still no definite principle on how to punish this kind of administrative criminal, and the author tries to use the notion that the same illegal act shall not be given a penalty for more than once to deal with the administrative criminal problem. It means that when the behavior of the administrative counterpart contravenes the administrative rules and the criminal law, the administrative department and judicial department can impose different kind of penalties, but they shall not reimpose or reemployments penalties for the same reason. In the author's opinion, when the problem of cohesion between the administrative penalty and the criminal penalty has been resolved, the new notion that the same illegal act shall not be given a penalty for more than once can solve the problem of concurrence between the administrative penalty and the criminal penalty.