Research On The "Double Penalty" System In Administrative Punishment

Facing the rapid development of the market economy,my country’s administrative law system is facing more refined tasks in terms of legislative concepts and specific legal regulations.The same is true for the administrative penalties for violations of the law by units.At present,the frequency of violations by units is increasing.As a punishment law for government legislative supervision,this must be addressed.This article discusses the necessity of applying the "double penalty" system for unit violations,and concludes that the improvement of the "double penalty" system for unit violations can effectively curb the occurrence of unit violations and make up for the current deficiencies in my country’s administrative supervision field.At the same time,this article analyzes the current situation of the "double penalties" system for unit violations in our country,and gives reasonable suggestions to improve the "double penalties" system for unit violations,so as to promote the scientific and reasonable construction of the "double penalties" system for unit violations.The introduction and thematic analyzes the background and meaning of the topic,and also summarizes and analyzes the current status and research results of the topic at home and abroad.The main body of this article is divided into four parts.The first part is an overview of the "double penalties" system applied to unit violations.First of all,it defines the dual penalty system for unit violations,clarifies what is "double penalty",and draws on the concept of unit crime dual penalty system in my country’s criminal law,and concludes that the unit violates administrative laws and regulations in the field of administrative law The concept of "double penalty" system.Secondly,by combing through the legislative provisions of "double penalties" in relevant units’ illegal cases,summarized and further analyzed the development trend of unit’s illegal application of double penalties in my country in the past ten years.In the second part,from the perspective of the theoretical basis and practical basis of the"double penalty" system for unit violations in our country,through research,we found the flaws in the theoretical basis of my country’s double penalty system,and analyzed the dual attributes of the identity and the dual attributes of the relevant persons responsible for the unit’s illegal behavior.Demonstrate that the unit and its relevant responsible personnel meet the constituent requirements of the "double penalty" of administrative punishment,and complete the escaping of the theoretical basis for the unit’s double penalty system for illegal violations.At the same time,the practical basis for the existence of the double penalty system for unit violations in our country is discussed: one is that individual self-discipline forces organizational self-discipline;the second is to reduce the probability of the occurrence of illegal cases by increasing the cost of the unit’s illegal activities;the third is to realize the"execution of penalties under the double-penalty system".Convergence".The third part an analysis of the operating status of the "double penalty" system applied in my country at this stage.The first is the problems that have been continuously exposed in judicial practice when applying the "double penalties" system.Specifically,there are the following four aspects: first,the conditions for applying "double penalties" to unit violations are not clear,and the second is for unit violations.The scope of the case is not clear enough when the "double penalty" system is applied.The third is that the scope of the natural person in the subject of responsibility under the "double penalty" system is not clear;the fourth is the unit and its related responsibilities when the "double penalty" system is applied.The administrative reconsideration and administrative litigation status of personnel is still unclear.Secondly,by studying the problems in the operation of the double-penalty system for violations of the law,the reasons for the above-mentioned problems were discussed.The fourth part is about the comprehensive application of the "double punishment" disciplinary method to the unit’s illegal cases.First,the “double penalty” disciplinary method should be fully applied to the case of unit violations,which is mainly based on the provisions of Article 31 of the Criminal Law;second,the scope of application of the “double penalty”disciplinary method should be clarified,mainly from the following three aspects.The scope of application of the "double penalty" disciplinary method is limited,that is,the subject of the illegal activity should be the employee of the unit,who carries out the illegal activity in the name of the unit and also brings benefits to the unit and violates the legal obligation;third,confirm Persons in charge of the "double penalty" system for unit violations are identified mainly from two aspects: the person in charge of the unit in charge and other responsible personnel;fourth,the administrative reconsideration of the unit and the relevant person in charge under the "double penalty" system is clarified And administrative litigation status,promote the investigation of illegal cases,thereby helping the principle of procedural fairness to be followed.