As an endogenous administrative law enforcement system produced in China,the "first violation without punishment" system has a profound moral foundation,rule of law soil and law enforcement concept,which is an important institutional arrangement for optimizing the business environment under the rule of law,stimulating market vitality,and achieving stable economic development,and is an important measure to consolidate the achievements of reform,change the concept of law enforcement,and promote flexible law enforcement.The "first violation without punishment" list system is the core of the construction of the "first violation without punishment" system,and the continuous establishment of a unified and complete "first violation without punishment" list system is an important way to give full play to the social benefits of the "first violation without punishment" system and realize the transformation of administrative law enforcement methods.China’s "first violation without punishment" system germinated early and started late,and is currently in a stage of rapid development,and there is still great room for improvement,and its specific connotation,application requirements,legal system and supporting systems need to be further optimized.It is necessary to take the basic principles of administrative law as the theoretical basis,combine the many problems in the "first violation,no punishment" system,and improve it in accordance with the needs of the rule of law government construction and the business environment optimization standards,so as to give full play to the expected effect of the "first violation without punishment" system as soon as possible.The "no penalty for first violation" list shall,on the basis of the existing one,establish and complete the "no punishment for first violation" list system by clarifying the nature of the law,distinguishing between different types,and clarifying the authority of the department,so as to improve the effectiveness of the application of the system.At the same time,it is necessary to fully protect the interests of all parties involved in the decision of "no penalty for the first violation" and establish a third-party participation interest mediation mechanism.This paper mainly includes five parts.The first part is the introduction.It mainly discusses the reasons for the problem of "no punishment for first violation" in this paper,and extracts the significance and value of this research on the basis of comprehensive sorting and analysis of domestic research results.After elaborating the significance of the research,the research ideas and main research methods of this paper are introduced,and the main innovation points of "no punishment for first violation" are proposed.The second part is the theoretical basis for the study of the " first violation without punishment " system.The focus of this part is to clearly introduce the development history,institutional background,conceptual connotation and controversy,core theoretical basis and basic principles of the "first violation without punishment" system,so as to objectively and comprehensively describe the overall situation and legal basis of the "first violation without punishment" system,and provide a solid theoretical foundation for subsequent problem analysis and countermeasure research.The third part is the situation analysis of the research on the "no punishment for first violation" system.On the basis of clarifying the development process of the " first violation without punishment " system,statistical thinking and rule of law thinking are used to analyze the implementation status of the " first violation without punishment " system from the perspectives of legislation,law enforcement and justice,and standardize and analyze it in combination with the provisions of the Administrative Punishment Law.Here,the factors are compared through the horizontal and vertical dimensions,and the various characteristics existing in the implementation of the current " first violation without punishment " system are sorted out,so as to clarify the profound meaning of the system.The fourth part is the analysis of the actual situation and causes of the "no penalty for first violation" system.On the basis of in-depth analysis and understanding of the implementation status of the "no penalty for first violation" system,through the comparative analysis of legal provisions,list comparison analysis and judicial case investigation,the difficulties and reasons existing in the implementation and application of the "first violation without punishment" system are clarified,and the orderly development and improvement of the "first violation without punishment" system are clarified,and the basic analysis model is provided for the theoretical research and implementation of measures proposed for follow-up countermeasures.The fifth part is the countermeasure suggestions for the improvement of the " first violation without punishment " system.This paper focuses on solving various problems arising from the implementation of the " first violation without punishment " system,so as to promote the development and improvement of the " first violation without punishment " system,including the connotation definition and application requirements that the academic community is more concerned about.At the same time,for the imperfect legal system,the incomplete list system,the slow development of supporting systems,and the damage to the interests of third parties,we will also put forward our own thoughts from the aspects of standardization improvement,system introduction,and interest protection. |