On The Administrative Punishment Of Persistent Illegal Acts

Administrative punishment refers to the behavior of administrative organs and organizations authorized according to law to give administrative punishment to citizens,legal persons or other organizations who violate administrative laws and regulations based on their administrative authority.It is a specific administrative act implemented by the administrative subject in the management of social public affairs in order to ensure the social economic order and social life order.Administrative punishment is not only a kind of legal sanction,but also has the dual functions of punishment and education.Neither excessive punishment can damage the legitimate rights of the parties,nor excessive punishment can indulge the opposite party.Therefore,the status of the principle of no longer punishing and over punishing is particularly important in administrative punishment.Article 24 of China's administrative punishment law embodies the principle of no more punishment for one case,that is,the same illegal act of a party shall not be fined more than twice.[Article 24 of the law of the People's Republic of China on Administrative Penalty: the same illegal act of a party shall not be subject to administrative penalty of more than two fines.Based on this,the administrative organs must abide by this regulation when they make administrative punishment,so as to achieve legal administration.However,with the development of society and the progress of the times,illegal acts have become more diverse and complex.Therefore,based on the diversity of administrative subjects and the effectiveness of excessive punishment,there should be an exception to the principle of no more punishment.The first part is to analyze the concept and characteristics of persistent illegal act.The concept of persistent illegal act is not clearly defined in law.As a special form of behavior,this part defines the continuous illegal behavior by referring to the views of other scholars,and analyzes the characteristics of the continuous illegal behavior,so as to lay a theoretical foundation for how to make administrative punishment for this kind of behavior.The second part analyzes the number of illegal acts.This paper introduces the single act and other acts in China.In the single act,it introduces the nature act and the law act respectively.Among them,through the comparison between continuous behavior and other behaviors,the characteristics of continuous illegal behavior are highlighted.The third part is the theoretical basis of administrative punishment for persistent illegal acts,including the principle of no more punishment for one thing and the principle of over punishment.Persistent illegal acts are one act.If repeated punishment may violate the principle of no more punishment for one thing,and if only one punishment will violate the principle of over punishment.Therefore,the analysis of these two principles is helpful to grasp the understanding of the law The boundary of punishment for this kind of behavior.The fourth part is to analyze the continuous illegal behaviors in the field of transportation,including the continuous speeding behavior and the continuous illegal parking behavior,and determine the number of illegal behaviors by analyzing different illegal situations.The fifth part discusses the ways of administrative punishment for continuing violations,including the principle of "cutting law" applicable to the field of traffic violations and the system of "daily punishment" in the environmental protection law,and explains the concepts of the two kinds of punishment and their application in practice.Finally,the advantages of continuous punishment system are explained.