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A Study On "The First Violation Of Administrative Punishment"

Posted on:2024-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y X FengFull Text:PDF
GTID:2556306941479464Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Since 2000,many places have begun to explore the law enforcement measure of"first violation of impunity",but the theorists at that time had doubts about the legitimacy of this measure.After years of law enforcement practice,the newly revised Administrative punishment Law in 2021 clearly defines "first violation without punishment",establishing the legitimacy of "first violation with impunity" in the form of law,and dispelling scholars’ previous doubts about its legitimacy.This clause has aroused great concern in the society.in order to solve the problem of the specific understanding and application of "first violation of impunity",this paper starts from the development of "first violation of impunity" through the methods of literature analysis and empirical analysis.this paper explores the implementation of"first violation of impunity" and its standardization process,and analyzes the interrelationship and manifestation of the list of "first violation of impunity" and"first violation of impunity".On the whole,it makes an introduction to "the first violation of impunity".Then it analyzes the intrinsic value of "first violation of impunity"-humanization of law enforcement,reduction of law enforcement costs,optimization of business environment and tolerance of prudent supervision.this paper discusses the specific identification of the legal consequences of the three constituent elements of "first violation of impunity",such as breaking the law for the first time,minor harmful consequences,timely correction and "first violation of impunity".On this basis,this paper also combs the dilemma of the application of"first violation of impunity",such as the non-standard list of "first violation of impunity",the differences in the actual application of "first violation of impunity",and the lack of regulation in practice.And put forward more specific solutions to the above problems,such as formulating a standardized list of "first violation of impunity" and delineating the scope of "first violation of impunity".To ensure the unified application of "first violation of impunity",improve the law enforcement procedures of "first violation of impunity",and establish a supporting system of "first violation of impunity".
Keywords/Search Tags:The first violation goes unpunished, Exemption list, Standardized application
PDF Full Text Request
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