Study On Some Problems Of The System Of "No Punishment For First Violation"

The "first violation of the law" system has been controversial because of its legitimacy since the beginning of the twenty-first century.The first paragraph of Article 33 of the newly revised Administrative Punishment Law in 2021 provides a strong basis for its legitimacy.This important measure not only reflects the "peopleoriented" law enforcement concept based on the concept of human rights,but also conforms to the trend of the times when the government functions change;It is also an urgent need for the administrative purpose of improving the efficiency of law enforcement as a whole by reducing unnecessary law enforcement costs so that law enforcement resources can be more reasonably allocated;At the same time,it also meets the requirements of inclusive and prudent supervision principle and optimization of business environment proposed in the context of the Internet era.It is precisely because of the strong support of the Administrative Punishment Law that a large number of regulatory documents related to "no punishment for the first violation" have been issued across the country.The distribution of related fields has also been concentrated in the field of urban management and traffic management from the beginning,and extended to the field of tax law enforcement.The establishment of the system of "no punishment for the first violation" in the legal level and the introduction of a large number of normative documents have also produced many more complex problems.Based on the above background and significance,as well as the current legislative and practical situation of the system of"no punishment for the first violation",this paper will explain from the following aspects:The first part is an introduction;The second part mainly explains the concept of "no punishment for the first violation" and analyzes the nature of the system from the logic and official normative documents.At the same time,it distinguishes the difference between "slight non punishment" and "no punishment for the first violation",and clarifies the legal basis of the system and its significance;The third part describes the current situation since the revision of the new Administrative Punishment Law through the central and local authorities respectively;The fourth part is about the problems of the system of "no punishment for the first violation".This part is mainly expressed by indicating the current applicable standards of the system,the lack of procedures,and the inadequacy of relevant supporting mechanisms.First,in terms of legislation,the understanding of the three legal constituent elements that meet the requirements of the system of "no punishment for the first violation" established by the new Administrative Punishment Law has a large semantic difference,As a result,the standards applicable to the implementation of the system in various regions are inconsistent;Secondly,when implementing this system,that is,law enforcement practice,the exercise space of the right of statement and defense of the counterpart may be limited to different degrees due to the influence of the traditional law enforcement model.At the same time,the list of "no punishment for the first violation" as the leading law enforcement means has greatly limited the discretion of the law enforcement subject when facing the relevant exemption matters contained in the list;Thirdly,looking at the relevant provisions of the system of "no punishment for the first violation"(no matter laws or normative documents),we can find that there are few related to the law enforcement procedures,which has caused an embarrassing situation of inconsistent steps in law enforcement practice in various regions;Finally,in order to achieve the expected administrative effect and purpose when the "first violation is not punished" system was established,it is not enough to solve the above problems.Another obvious drawback of the list is that the list is dynamic,that is,it is not static,but constantly adjusted and changed according to the implementation situation and practical needs,which may lead to the unsynchronized information of the list items held by the upper and lower administrative organs.At the same time,Because the law enforcement agencies have greater discretion over illegal matters that are not on the list but meet the applicable conditions of the system,if they cannot exercise their power in a standardized manner,they will abuse their power and thus breed corruption.In addition,when the law enforcement agencies make the decision of "no punishment for the first violation",how to ensure the application effect and how to correct mistakes when assuming that the counterpart has obtained the decision of "no punishment" by illegal means,The relevant laws and normative documents on various issues are rarely or even not mentioned,but can not be ignored;The fifth part is the relevant suggestions for improvement one by one against the problems listed in the fourth part.Therefore,it is very necessary to clarify the relevant concepts,formulate a unified national application standard,expand the exercise space of the relative person’s rights and the discretionary power of the law enforcement agencies in the list,supplement the unified law enforcement process and improve the relevant supporting measures,and it is also the meaning of the "no punishment for the first violation" system that can play its role.