Study On Legal Basis And Its Application Of Severe Punishment On Administrative Repeat Offense

The administrative repeat offense discussed in this paper refer to thecondition that the illegal activities are not corrected after being punished byexecutive authorities according to law, and the activities continueendangering social order and public interests, and actors implement theillegal behavior with the same property as the punished illegal behaviors soonafter being punished due to one illegal behavior. Administrative repeatoffense are embodied in many legal norms as a plot which should or can beseverely punished, and many regulations of severely punishing administrativerepeat offense are also available in legal norms of health supervision.The first chapter of the paper analyzed the law basis of severepunishment on administrative repeat offense in Shanghai Health Supervision Case library, summarized all kinds of setting modes for liability provisions indealing with administrative repeat offense, and conducted statistical analysison its distribution in different legal documents. The second chapter conductedstatistical analysis of the condition applying legal basis of administrativerepeat offense from Luwan District Health Supervision in Shanghai from2008to2011.the third chapter preliminarily considered the factors affectinglaw basis application of punishing administrative repeat offense severely inhealth supervision in the aspects of legislation and law enforcement.The basic conclusion of the paper is as follows: liability system ofadministrative repeat offense is being formed and needs perfection in thefield of health supervision, meanwhile, health supervision agencies shouldestablish and improve the offense record database, improve the punishingworking mechanism of administrative repeat offense, strengthen the study ondefining standards of administrative repeat offense, enhance awareness andcapabilities of law enforcement officers to correctly apply the relevant legalbasis.