What are the main principles that should be followed in administrative punishment .

The main principles of administrative punishment include: the principle of statutory punishment, the principle of fairness of punishment, the principle of openness of punishment, the principle of combining punishment and education, the principle of proportionality of punishment, the principle of non-punishment in one case, and the principle of protecting the rights of the punishment counterpart.

1. The legal principle of punishment.

The statutory principle of punishment applies not only to the implementation stage of administrative punishment, but also to the setting stage of administrative punishment. The principle of statutory punishment is both a principle of substantive law and a principle of procedural law, and its main contents are:

The subject of the punishment is statutory, the basis for the punishment is statutory, the setting of administrative punishment is statutory, and the procedure is statutory.

2. The principle of justice in punishment.

Administrative punishments shall be scientific and reasonable in their setting. The specific administrative punishment acts of administrative organs shall be fair. The principle of fairness in administrative punishment should also be guaranteed by certain procedures and systems.

It must be implemented through a series of systems, mainly including the hearing system, the investigation system, the recusal system, the collegial system, the separation of adjudication and adjudication system, and the non-individual contact system.

3. The principle of openness of punishment.

The basis for imposing administrative punishments for illegal acts must be disclosed, the procedures for administrative punishments and the decisions on administrative punishments should be made public, and the principle of openness in administrative punishments should be guaranteed by a certain system.

4. The principle of combining punishment and education.

Administrative penalties should not be a simple process of issuing fines. The purpose of education is achieved through sanctions that harm the rights and interests of the penalized person. There are many provisions in the administrative punishment system that clearly reflect the function of education.

Education cannot be mere education, and where punishment should be given in accordance with law, corresponding administrative punishments shall be strictly given.

5. The principle of proportionality of punishment.

The principle of proportionality of excessive punishment refers to the establishment and application of administrative punishments, which must be adapted to the consequences of punishment and the illegal acts, and cannot be heavier or less severe punishments.

6. The principle of non-referral.

The principle of non-re-punishment means that administrative organs must not give the same form of administrative punishment to the same party for the same illegal act, and cannot impose repeated punishments.

The same violation is a violation of a certain legal norm.

7. Principles of application of civil and criminal liability.

The principle of application of civil and criminal law refers to the principle of not exempting civil liability and not replacing criminal liability.

8. Principle of Appeal and Compensation.

The opposing party enjoys the right to make statements and defenses in accordance with law with respect to the administrative punishment given by the administrative entity, and where it is dissatisfied with the administrative punishment decision, it has the right to apply for reconsideration or initiate an administrative lawsuit.

9. The principle of statute of limitations for punishment.

Calculated from the date on which the illegal conduct is terminated, no punishment will be given if responsibility is not pursued within two years. Where there are other provisions in the separate regulations, follow the provisions.

The correct answer is ACD, and the specific analysis is as follows:

1. Option A is correct: the principle of separation of the punishment norm-setting organ and the punishment enforcement organ.

If the formulating organ and the executive organ are not separated, they will be both referees and athletes, and they will formulate their own punishment basis without a basis for punishment, and will not be supervised at all, resulting in unfair law enforcement and overflowing power.

2. Option B is wrong: insist on combining punishment and education, not punishment and education.

According to article 5 of the "Administrative Punishment Law", the implementation of administrative punishment shall adhere to the combination of punishment and education. The purpose of administrative punishment is to correct illegal acts, reduce and eliminate illegal acts, and educate the parties to consciously abide by the law, and punishment is only a means rather than an end.

It should be pointed out that the combination of punishment and education does not mean that punishment can be substituted for execution, nor does it mean that punishment can be substituted for education.

3. Option C is correct: It is clear that the penalty should be set in accordance with the law.

According to Article 3 of the "Administrative Punishment Law of the People's Republic of China", where citizens, legal persons or other organizations violate the order of administrative management and shall be given administrative punishments, they shall be provided for by laws, regulations or rules in accordance with this Law, and shall be implemented by administrative organs in accordance with the procedures provided for in this Law.

Fourth, option D is correct: In China, the principle of non-double punishment (paragraph) is implemented.

According to Article 24 of the Administrative Punishment Law of the People's Republic of China, the party shall not be given an administrative penalty of more than two fines for the same illegal act.

The principles of administrative punishment in China are as follows:

1. Statutory principles; Clause.

2. The principle of three publics: the principle of openness, justice and fairness; Clause.

3. The principle of adapting to illegal acts; Clause.

Fourth, the principle of non-rebation. Paragraph 3 of Article 4 of the Administrative Punishment Law stipulates that the provisions on the imposition of administrative penalties for illegal acts must be published; Failure to make it public must not be the basis for administrative punishments.

How is it so hard to understand? The principle of proportionality of punishment is equivalent to the principle of proportionality of punishment and punishment. It's all jurisprudence, right? Don't read dead books

a。Penalty Statutory Principle c. The principle of non-re-punishment d the principle of proportionality of punishment.

The answer is ABCDE. I won't talk about what you can understand, but I can help you understand Article 4 and Article 7 of the DE "Administrative Punishment Law".

Article 4: Administrative punishments follow the principles of fairness and openness.

The establishment and implementation of administrative punishments must be based on facts, and be commensurate with the facts, nature, circumstances, and degree of harm to society of the violation.

Provisions for imposing administrative penalties for violations of the law must be made public; Failure to make it public must not be the basis for administrative punishments.

Article 7: Where citizens, legal persons, or other organizations receive administrative punishments for violating the law, and their illegal conduct causes harm to others, they shall bear civil liability in accordance with law.

Where the illegal conduct constitutes a crime, criminal responsibility shall be pursued in accordance with law, and administrative punishment must not be substituted for criminal punishment.

On the basis of following the fundamental principle of "taking the facts as the basis and the law as the criterion", the following five basic principles should also be observed: the principle of legality, the principle of openness, the principle of fairness, the principle of proportionality of punishment, and the principle of combining education and punishment.

Administrative punishments shall follow the principle of leniency or or:

1. The legal principle of punishment.

The statutory principle of punishment is the specific embodiment and requirement of the principle of administrative legitimacy (administration according to law) in administrative punishment, which means that administrative punishment must be carried out in accordance with the law.

2. The principle of combining punishment and education.

The principle of combining punishment and education means that administrative punishment is not only a means of sanctioning administrative violations, but also plays the role of education, and is a form of educating people to abide by the law.

3. The principle of fairness and openness.

The so-called justice is fairness, integrity, and no partiality. The principle of impartiality is a necessary supplement to the statutory principle of punishment, which refers to the fact that when imposing administrative punishments, it is not only required that the form is legal and implemented within the scope of the legal range of discretion, but also that it is legal in content and in line with the legislative purpose.

4. The principle of no further punishment.

The principle of non-re-punishment means that no more than two penalties of the same kind (such as fines) shall not be imposed on the opposing party for a certain violation.

5. The principle of excessive punishment is quite arbitrary.

The principle of proportionality of punishment refers to the application of administrative punishment by the administrative entity to the violator, and the type and range of punishment should be commensurate with the degree of the violator's illegal fault, neither light nor too heavy punishment, so as to avoid unreasonable and unjust situations that are unusually light and severe.

Legal basis. Article 1 of the Administrative Punishment Law of the People's Republic of China: This Law is formulated on the basis of the Constitution so as to regulate the establishment and implementation of administrative punishments, to safeguard and supervise the effective implementation of administrative management by administrative organs, to preserve the public interest and social order, and to protect the lawful rights and interests of citizens, legal persons, or other organizations.