Punishment No Longer The Principle Of Research

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 in legal practices. 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 confusion 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.This paper conducts an analysis and study on the issue involved in the application of this principle with the application of relevant law theories in our country and using the authentic practices of judgment of the cause of disputes arising from illegal acts against the administration for reference. This paper is divided into four parts to describe the principal of no one should be published twice for the same cause .The first part talk about the basic theory of the principal. It introduces the general sources and the development of the principal. According to some information, it came from the old roman's civil law. Then I put it into our Administrative Law and give its first explanation. It contains three grade meanings. First, one punished action should not be punished twice according to the same term of a law. Second, one punished action should not be punished according to the same term of a law by different administrative law subjects. Third, if the action is criminal, administrative law subject should send it to judicial departments. Then I propose some deferent disputes in the theory and practice. Using the science of the basic law theory and the legislative to analysis the principal of on one should be punished twice for the same cause. The second part gives a detailed explanation of the principal of no one should be punished twice for the same cause. It explains the action and the punishment, giving the connection of the two. The action is controlled by the private party in administration, the time and the place. The punishment is controlled by the administrative, the rules of the punishment and the kind of the punishment. Between the action and the punishment, there are changing and the consistent. Then in this part, I boldly use the science of the criminal to speak the principal of no one should not be punished twice for the same cause in the states of the action and the consistent of the law terms. All of this gives the thesis new ideas. The third part is about the carrying out of the principal of no one should be punished twice for the same cause and the exception. It points out particularly the illegal action which can destroy the order of the administrative government. Such as a kind of illegal action, violet the law, should be punished by one administrative subject according to the law. The same above, violet the law and discipline, two or more administrative subjects have the power of the punishment, but the society of the punishment is the same. And the same above, but the society of the punishment is deferent. The same action violets two or more rules and should be punished by two or more administrative subject. The exception contains much decision and punishment, such as continues action, the new decision, putting together, the particulars government of the punishment and so on. The forth part gives some suggests to improve the principal of no one should be punished twice for the same cause. In legislation, it points out the dots of the 24 term of the administrative law. Then it points out three pieces of principal to solve the problem. Such as the principal of common administrative agency, the principal of the lower agency, the principal of building agency which has much administrative function. Then it points out the good suggestion for the use of the principal. It points out in practice, we should insist on the principal of the finding first. We should build the controlling system among the different administrative subjects, the principal of obeying helping after administrative and the useful rules of helping and so on.The paper put the theory and the practice together, using many detailed and true examples to support its ideas. Perhaps it is not very consistent the past thinking. But I think perhaps it can enrich the field of the theory. The author hopes that the paper will be helpful for the application and judgment .On the other hand, perhaps it can bring more useful theory for our government.