With the deepening of the strategic plan of comprehensively governing the country by law,the spiritual connotation of good laws and good governance is more abundant than ever before,and the demand for law enforcement to be both hard and warm is also increasing.Based on this,the author according to the newly revised "law on administrative punishments,the administrative penalties" No Punishment for First Violation "system are studied,in order to clarify the" No Punishment for First Violation "in the administrative law enforcement system of problems and their causes that exist in the practice,analysis and use for reference the experience of the management of the industry,put forward the suitable for our country administrative punishment" No Punishment for First Violation"the perfect path,In order to help the " No Punishment for First Violation"system set up the original intention to achieve.The thesis is divided into four parts to elaborate the perfection of the system of " No Punishment for First Violation " of administrative punishment in China.The first part of our administrative punishment " No Punishment for First Violation" and its legal basis,the core meaning and value.The second part is the history and current situation of China’s administrative punishment,reviewing the historical evolution of China’s administrative punishment,and taking tax law enforcement as an example to present the reality of China’s administrative punishment.The third part is the existing problems and institutional causes of " No Punishment for First Violation" of administrative punishment in China.The existing problems are: the lack of unity of legal requirements of " No Punishment for First Violation",resulting in the confusion of practice around;" No Punishment for First Violation" is not clear binding force,resulting in low public participation;Lack of applicable procedures and supporting systems for " No Punishment for First Violation".The institutional reasons for these problems are as follows: there are local differences in the regulation of "No Punishment for First Violation",the regulation path of " No Punishment for First Violation" remains to be clarified,and the reference content source of " No Punishment for First Violation" regulation is relatively single.The fourth part is the path to improve the system of administrative punishment for the " No Punishment for First Violation" in China,mainly including refining the constitution of administrative punishment for the " No Punishment for First Violation ",improving the applicable procedures of administrative punishment for the " No Punishment for First Violation". |