The Dilemma Of The Implementation Of The Principle Of "no More Punishment For One Thing" In China's Administrative Punishment And Its Resolution

The principle "Non-repeated penalty" is what is being greatly disputed in law science.In China,the fine related to "Non-repeated penalty" is regulated in Administrative Penalties Law while there is no regulation for other administrative punishments in relevant laws and rules.Well,this principle is widely debated in theory circle,which makes the fields where "Non-repeated penalty" can not be unified.In this case,it is not good for the law construction in China because it adversely affect the fairness,authority and unity of the law,which makes the administrative counterparts' legal rights and interests unable to be fully guaranteed."Non-repeated penalty" mainly targets not to have over punishment and repeated punishment.However,currently,because the the law system is not complete enough and the law executor lacks legal literacy,"non-repeated penalty" is not well carried out.After a specific analysis on administrative malfeasance and criminal offense,it is found that there is an internal logic relationship in terms of their organization of behaviors etc.In this thesis,under the principle "combination of punishment and education" and "administrative rationality",it studies the theories linking with the quantity of criminal crimes,where one thing can be considered to be a generalized thing and a narrowly-defined thing.This thesis introduces a series of illegal patterns,including imaginative joiner of offenses,overlap of articles of law,consecutive pattern,continuum pattern and implicated pattern,where all these patterns are deeply discussed objectively.Then,the understanding on "one thing" set in administrative punishment is involved into the thesis.At last,the thesis proposes suggestions which forms the system of "non-repeated penalty".By "non-repeated penalty",determination on the nature and punishment for one unlawful act or several unlawful acts are primarily solved.Therefore,this thesis can be used as a reference for the law executors and administrative counterparts.