Principle Of "the Punishment No Longer" In Administrative Penalty Study

The principle of "no one should be twice punished for the same cause" is an old law principle. It is an academic focus in the subject of administrative law. This paper aims to solving the problems,such as repeating punishment and twice punishment about the use of the principle of "no one should be twice punished for the same cause" during the administrative punishment in China, keeping administrative authority and seriousness, and also jeopardizing the legitimate interests of the relative executive. By comparing with the use of the principle of "no one should be twice punished for the same cause" in abroad and quoting some relevant academic points of view, this paper interprets and analyses the principle of "no one should be twice punished for the same cause", trying to get some constructive solutions and advancing its implementation.This paper is divided into three parts. The first part is the summary of the principle of "no one should be twice punished for the same cause", it tells the intension of the principle of "no one should be twice punished for the same cause", its origin of administrative punishment Law and its necessity. The author thinks that the origin of the principle of "no one should be twice punished for the same cause" is "one course should not be treated twice", and also think that in practice it is more imporant of making the Judgment standard of "one thing" and "punishment" clear than deciding "no one should be twice punished for the same cause".The auther have an idea that complex "one thing" is classified by using the quantity of crime theory into the essential, statutory and broken "ong thing". The paper agrees with the dual application theory about the relationship of administrative punishment and penalty. We understand the purpose of legislation of "no one should be twice punished for the same cause" by describing the legislative background and process. It is very necessary of establishing the principle of "no one should be twice punished for the same cause" at present in China that have advantages of the construction of efficient government, implementation of the principle of trust protection and realization of proportionality principle in administrative law and also that accords with administrative law codification trend.The second part concentrates on the use of the principle of "no one should be twice punished for the same cause" and the problems during the process of constracting it, pointing out that it is main reason of the imperfect legislation, not a sound law enforcement system and the lack of effective supervision mechanism.The third part tells the methods during the process of constracting the principle of "no one should be twice punished for the same cause". We may resolve the promlems of the concurrence of laws and regulations by Integrating existing administrative legal norm, following the principle that the new law is superior to the old and the special law is superior to the common law, using the lighter punishment form and prohibiting the use of multi laws and a variety of punishment to "one thing". We may also settle the promlems of the concurrence of the subject of law enforcement by accelerating the reform of the administrative system, establishing the comprehensive law enforcement agency, avoiding multiple departments authorized in the legislation and insisting on the principle of the first punishment, and the second punishment and combined punishment.