| Since entering the industrial society,the unit organization represented by the corporate legal person has become the basic organization in the national economic system,so that units blindly pursue economic interests and trigger a series of health,environment,food,and safety risks.In order to deter the illegal activities of units,the double penalty system has been gradually introduced in the field of modern administrative law.The double penalty system is a penalty system that both punishes the relevant units involved and punish the supervisor or other directly responsible members.As a new product of social development,the double punishment system for administrative violations undoubtedly puts forward new requirements for the improvement of the system in the field of administrative law punishment in my country.With the continuous emergence of illegal acts by units,blindly punishing relevant natural persons have been unable to regulate illegal acts by units and maintain the order of the market economy.The double penalty system for unit administrative violations urgently needs to be more clearly defined in my country’s administrative law.The current double punishment system for administrative violations in my country still has many areas that need to be improved in terms of legal provisions,scope of application,subject of responsibility,punishment mode,relief system and the connection with the double punishment system of the criminal law.For the legal provisions of the double penalty system,there is a lack of basic legal principles and basis,and its basic principles and basic legal provisions in the administrative field should be improved;for the scope of application of the double penalty system,there is an unclear scope of application and the scope of penalties.For uncertain issues,the corresponding applicable standards and principles should be clarified.For the responsible subject of the double penalty system,the directly responsible supervisors and other directly responsible personnel who are punished as units and unit members have the problems of unclear definition and difficulty in distinguishing responsibilities.The scope of its definition should be clearly defined and the punishment and responsibility should be consistent.Regarding the double penalty system,the implementation of the single penalty principle and double penalty as exceptions already cannot fully adapt to the current situation of administrative violations in my country.We should break through the existing allocation model,establish an administrative penalty model based on double penalties for unit violations,and improve the types of penalties for units and members that should be penalized.Regarding the double penalty relief system,whether the administrative agency issues one decision letter or multiple decision letters,and the status of the unit and its members in initiating administrative and judicial relief have not been unified in practice.A theoretical response should be made to the above questions,and the practical importance of the duality of the subject of the dual penalty system should be clarified.Regarding the connection of the double penalty system,the connection between unit violations and unit crime is not smooth.The supporting mechanism and related procedures between the two should be perfected in order to form a comprehensive and standardized cohesive system of the double penalty system between the two laws. |
