A Study On Double-punish System Of Unit Administrative Illegal Act

“Double-punish system" is also called “double-penalty system”.It is a legal liability system for the illegal act of the unit,which not only punishes the unit itself,but also punishes the members of relevant natural persons.That makes “double-punish system” different from "single penalty system" which only punishes unit or only punishes relevant natural persons.Although "double-penalty system" is legislated in criminal law field,civil law field and administrative law field,this article only focuses on the “double-penalty system” in administrative law field,and only takes the illegal act of units as the research object.In recent years,the legislative trend of double-punish system of unit administrative illegal act has expanded gradually,but its value of system and theoretical foundation have not been effectively solved.Besides,as a breakthrough of "single-penalty system",the reasons of combined punishment of units and relevant natural persons are not fully explained,let alone the interrelationships of double-punish system of unit administrative illegal act,and the principle of no one should be twice punished for the same cause,and the principle of bearing your own consequences.Meanwhile,there are some problems in the practice of double-punish system of unit administrative illegal act.However,the research on double-punish system put more attention on criminal law field,instead of administrative law field.That is why this paper is trying to react to the problems of theory and practice,in the perspectives of regulations and practice experiences,based on Chinese characteristics legal tradition and social perceptions and following the trend of legislation of double-punish system of unit administrative illegal act.It is suggested to consolidate the foundation of theory and deal with the obstacles in the practice of enforcement and judiciary of administrative law.Only in these ways can the double-punish system of unit administrative illegal act be scientific and reasonable.This paper can be distributed into three parts,including introduction,main body and conclusion.The introduction describes the current situations of double-punish system in legislation,exercise and research,and indicates the innovation of this paper.The main body of this paper has four parts.The first part is an overview of double-punish system in the perspective of unit administrative illegal act.It introduces the concept of illegal act of the unit and the concept of double-punish system of unit administrative illegal act.In order to get to the root,this paper analyzes relevant legislation in France and Germany,and relevant legislative history and trend in China.The second part talks about the theoretical dilemma and theoretical certification.To be specific,this part introduces the inadaptation of relevant foreign theory,and the dilemma of existing fundamental theory in our country,including the personality split in single illegal subject system and the doubtful precondition in double illegal subject system.Then,this paper analyzes the three system values about double-punish system of unit administrative illegal act: first,binary liability subject could stop the unit administrative illegal act.Second,increase the illegal costs could keep unit administrative act within limits.Third,promote the convergence of criminal law field and administrative law field in double-punish system.To demonstrate the theory of unit administrative illegal act,in the perspectives of the double attribute of unit membership and duty act,this paper is trying to prove that both units and persons should meet the requirements of establishment conditions of administrative penalties.The third part analyzes the main issues of double-punish system of unit administrative illegal act.First,the establishment conditions of the unit administrative illegal act are not clear.Second,the scope of application of double-punish system of unit administrative illegal act is in doubt.Third,the extension of relevant natural persons is uncertain.Fourth,the reconsideration status and litigation status of units and natural persons are ambiguous.The fourth part makes suggestions to double-punish system of unit administrative illegal act.First,identify the establishment conditions of unit administrative illegal act.Second,double-punish system of unit administrative illegal act should establish the "comprehensive application" principle.Third,confirm the methods of responsibility determination of natural persons in double-punish system.Fourth,define the relatively independent reconsideration status and litigation status of units and natural persons.