Study On The Application And Perfection Of The Principle Of No Penalty For One Thing In Administrative Punishment

With the development of the legal system and the variety of social relations,the importance of the principle of no longer punishment in the field of administrative punishment has become increasingly prominent,which has been widely concerned by the academic and practical circles.Article 24 of the Administrative punishment Law of 1996 stipulates that "there will be no more fines for one thing".However,this provision does not provide for the principle of no further punishment in a complete sense,but is similar to a rule,only in the part of the specific provisions.It is not included in the General provisions of the Administrative punishment Law.Article 29 of the Administrative punishment Law revised in 2021 adds the provision that "if the same illegal act violates multiple legal norms and should be fined,it shall be punished in accordance with the provision of a high amount of fine".In other words,it is established that when the provisions of the administrative fine law concur,the "optional heavy" rule is applied to avoid the occurrence of multiple fines,but unfortunately this amendment does not involve other kinds of administrative penalties other than fines.It is still unable to curb the long penalties of other types of administrative penalties,and it is still unable to answer all the questions brought about by the application of the principle of no longer punishment in the practice of administrative penalties.Based on the legislative background of the principle of no longer punishment for one thing,the author extensively collects and collates the relevant theories inside and outside the domain of the principle of no longer punishment for one thing,and on this basis,uses the methods of literature analysis,social positivism and comparative research.this paper makes an in-depth study on the application and perfection of the principle of no longer punishment in administrative punishment,and tries to put forward constructive solutions.Through the in-depth exploration of the principle of no longer punishment in administrative punishment,it is found that there are many differences in the understanding and interpretation of the principle of no longer punishment in administrative punishment.The study found that the limitation of only applying the fine to the principle of no longer punishment in administrative punishment has been gradually exposed,and the exposed problems are expounded concretely from three aspects: legislation,law enforcement practice,supervision and management.and to analyze the causes of the exposed problems from the perspective of innovation,the innovation lies in the analysis of the essential causes through the appearance of the problems,and then according to the essential causes of the problems.Seek innovative solutions to the problem,hoping to promote the development of the principle of no longer punishment in administrative punishment.Through the study on the application and improvement of the principle of no further punishment in administrative punishment,it is found that it is an inevitable trend to improve the rules applicable to fine in Article 29 of the Administrative punishment Law in the future.