On "Punishment No Longer" Principle Applies In The Absence Of The Repair

"The punishment no longer" principle research has been the focus of debate in law circle.The administrative punishment law of our country only to "fine punishment is no longer" in the relevant provisions,but on the other side of the types of administrative penlty,our law does not make provisions,many differences exist in theoretical circles on the issue,hence not unified administrative law enforcement, is not conducive to the construction of China’s legal order, destroyed the legal notarization, authority and unity, but also make the administrative relative person’s legitimate rights and interests cannot be protected effectively. With the development of China’s economy,"the punishment no longer" principle to an increasingly important role in our country, in view of the present situation in our administrative punishment law "the punishment no longer" principle, combined with the relevant norms of administrative law, this paper discusses in detail the problems of our country the administrative punishment law "the punishment no longer" principle, and according to the specific deletion, puts forward repairing suggestion.This paper is mainly divided into four parts. The first part describes in detail China’s "no penalty" principle to establish the background, as well as our country to establish "the principle of the punishment no longer social significance; and elaborated "the basic meaning of the punishment is no longer" principle, details of "the punishment no longer" principle, the basic characteristics, as well as definition of China’s "no penalty" principle of "things" to do a simple introduction; the second part details of "the punishment no longer" in China’s administrative penalties in specific applicable regulations, rules and the principle in practical application, and introduces the exclusion "several a principle of the punishment no longer; the third part enumerates "the punishment no longer" principle for the existing in the process of the problem; the fourth part is the core content of this paper, the problems for the existing in the process of the third part "the punishment no longer" principles, measures and suggestions concerning repair put forward from macroscopic, and put forward specific solutions from the micro.