Administrative Penalties For Continued Illegal Parking

Administrative punishment refers to administrative actions in which administrative subjects impose administrative sanctions on actors who violate administrative law norms but have not constituted a crime in accordance with statutory powers and procedures.The principle of statutory punishment is the most basic principle of administrative punishment,and it is a concrete embodiment of the principle of administrative punishment in accordance with the law in the field of administrative punishment.Administrative punishment should follow the principles of fairness and openness.The implementation of administrative penalties must be based on facts,which are comparable to the facts,nature,circumstances and social harm of the illegal act.At the same time,administrative punishment is a form of legal sanction,but it is not just a sanction.It has the dual functions of punishment and education.Ensuring the rights of counterparties and the principle of no longer punishing a matter is also an important principle to be adhered to by administrative punishment.The principle of No More Punishment in China is mainly reflected in the principle of No More Fines in Article 24 of the Administrative Penalty Law.The principle of no longer punishment should also be implemented in the complex matter form and the law and competition areas.However,based on the diversity of the subject of administrative punishment,the impure nature of the current types of punishment and the effectiveness of excessive punishment should be valid,exceptions apply to this principle.Administrative law enforcement in the transportation field is closely related to the rights of citizens.For the traffic violations such as continuous illegal parking,few scholars discuss the number of behaviors and penalties.The study of the number of violations is a prerequisite for punishing illegal behaviors.In Germany,Japan,and Taiwan,China,there are quite a few researches on the number of illegal acts in the field of administrative punishment,but there are few studies in China at present,so the theory of the number of illegal acts will be introduced in this article.If penalties are imposed only once for special violations such as continuous illegal parking,it is difficult to realize the principle of fair punishment and the principle of fairness and openness.If the parties are subject to multiple penalties,their legitimate rights and interests may be harmed,and multiple penalties are contrary to the principle of no longer punishment.How to make legal and reasonable administrative penalties for such special violations to maintain the public transportation order without violating the principle of No More Punishment,which reflects the principle of considerable punishment for administrative punishment and administrative law.These are the key points discussed in this article.This article proposes that the establishment conditions and the number of acts for administrative violations should be judged by a three-tier system including the compliance of the constituent elements,illegality,and responsibility.It is also recommended to establish a special category of continuing violations.In summary,this article believes that different types of continuous illegal parking behaviors should adopt different punishment methods.The punishment methods include heavy,aggravated punishment and continuous punishment system to effectively solve the problem of punishment for continuing illegal acts.