Research On The Application Of No Administrative Punishment

The revised Administrative Punishment Law in 2021 improved the system of no administrative punishment,giving it new development.On the one hand,the new law responded to the needs of continuously optimizing the business environment,and added the "no punishment for the first violation" clause in response to local administrative law enforcement practices.On the other hand,the new law responded to theoretical and practical requirements,changed the objective attribution principle that has long been dominant,and regarded " no punishment for subjective no fault" as a situation for no administrative punishment,which brought subjective factors into the scope of administrative law enforcement considerations and improved the system of administrative punishment.The new system of no administrative punishment has improved the error-tolerant mechanism for illegal acts,reflected the principle of combining education with punishment,and is of great significance for ensuring the fairness,efficiency,and proportionality of administrative punishment.However,there are still many problems in the application of this system,such as unclear concepts,generalized application areas,inconsistent standards for determining application conditions,lack of application procedures,abuse of discretionary power,and disputes over the status and proof standards of subjective fault.The main focus of this study is to analyze the application of the no administrative punishment under Article 33 of the Administrative Punishment Law.The first part analyzes the no administrative punishment system from a theoretical perspective.The concept of no administrative punishment is defined,and the basic principles and values of no administrative punishment are analyzed.The second part analyzes the current situation of the no administrative punishment.Firstly,the Administrative Punishment Law is interpreted,and the specific contents of the no administrative punishment system are analyzed.The local legislative status of the no administrative punishment system is also analyzed by searching and sorting local normative documents.Secondly,relevant cases are retrieved using the case analysis method to analyze the application of no administrative punishment in the fields of administrative law enforcement and administrative litigation.Finally,by integrating the content of the first two parts,the constituent elements of no administrative punishment are analyzed by examining local normative documents and existing judicial cases.In the third part,the problems in the legal norms and application of no administrative punishment are pointed out.These include ambiguous application standards,inadequate procedures,abuse of discretion,disputes over the status of subjective fault and proof standards,etc.In the fourth part,targeted recommendations are made on clarifying application standards,improving procedures,establishing supervision and restraint mechanisms,clarifying the status of subjective fault and proof standards,etc.