How to understand the one in No More Punishment .

The principle of non-retribution in one case is a concept in jurisprudence, which means that the offender shall not be punished more than twice on the same facts and on the same basis for the same violation.

Article 24 of China's "Administrative Punishment Law" stipulates that "the same illegal act of a party shall not be given an administrative penalty of more than two fines". According to this provision, no further punishment can be defined as: the administrative entity shall not give more than two administrative penalties of the same type (fine) to the same illegal act of the party.

That is to say, whether an actor's act violates one norm or several norms, and is under the jurisdiction of one administrative entity or several administrative entities, two or more administrative punishments may be given, but if it is a fine, the fine can only be imposed once, and the other punishment may be the revocation of the business license or other permits, the order to suspend production and business, or confiscation, etc., but no further fines can be imposed. It can be seen from this that the scope of the Administrative Punishment Law stipulates that no further punishment is limited, and only restricts the administrative punishment of more than two fines, and does not restrict the second or multiple application of other types of administrative punishment. It can be said that this provision reflects the contradiction and harmony between the theoretical immaturity of the principle of non res judicate and the urgent practical need for it.

However, we cannot deny the existence of the principle of non res judicata, which reflects the legislative intent and spirit of the principle of non re-impunity, but is theoretically immature.

The understanding of the principle of non-re-punishment is first and foremost the understanding and recognition of "one thing", that is, "the same illegal act". The so-called "illegal acts" refer to the parties' violations of administrative law norms or administrative management orders, rather than other illegal or disciplinary acts. "The same illegal act" refers to the fact that a party has committed an act that violates the norms of administrative law or an act that violates the order of administrative management, and the party objectively has only one independent and complete illegal fact.

To understand this concept, it is necessary to pay attention to the following points: first, the same offence refers to a separate offence and not a class of offences. Second, the same illegal act is the same offender in terms of the subject of the committed.

Third, the same violation refers to a fact of violation, not a single offence. Fourth, the same illegal act refers to the whole picture of the illegal act, if the offender has made a major deception to the administrative punishment subject for the act, and the deception causes the punishment subject to have a significant impact on the characterization and punishment of the illegal act, the punishment entity may, after the first punishment, impose additional penalties on the offending party according to the newly ascertained facts.

One thing is a violation of the law.

No further punishment shall have the following three implications:

1. The same administrative organ must not give the perpetrator two or more punishments for the same illegal act;

2. Different organs must not give the perpetrator two or more administrative punishments of the same type for the same illegal conduct on the basis of different reasons and legal norms;

3. After the illegal act has already been punished, the perpetrator must not be given an administrative punishment except as provided by law or in special circumstances.

The purpose of the principle of non-re-punishment as an administrative punishment is to prevent repeated punishment and embody the legal principle of proportionality of punishment, so as to protect the legitimate rights and interests of the administrative counterpart.

Legal basis] Article 24 of the Administrative Punishment Law stipulates that no administrative penalty of more than two fines shall be imposed on a party for the same violation. This is the statutory meaning of the "principle of non-punishment in one case", and does not mean that different administrative organs cannot impose more than two administrative penalties for the same violation.

That is, for one thing or a fact of administrative violation, only one punishment will be imposed, and no second punishment will be imposed.

The purpose of not being able to punish again is to prevent the recurrence of punishment and to embody the legal principle that the punishment is proportionate, so as to protect the legitimate rights and interests of the parties or the judgment.

The so-called "no further punishment for one thing" refers to the administrative punishment that an administrative organ may not impose two fines on a party for the same illegal act on the same facts and on the same basis. The principle of "no further punishment" is a basic principle of administrative punishment, and Article 24 of the Administrative Punishment Law is the concrete embodiment of this principle in law.

If the same criminal act of the same person is punished by the adjudication organ, and if the punishment has not been changed or revoked, then no organ can punish the same person for the same act. Resistant stool and.

The principle of non-rebation in one case is a concept in jurisprudence, which means that the offender shall not be punished twice or more times on the basis of the same facts and on the same basis. The purpose of the principle of non-punishment as an administrative punishment is to prevent repeated punishment, embody the legal principle of proportionality of punishment, and protect the legitimate rights and interests of the administrative counterpart in order to protect the chain.

There are still problems in China's implementation of the principle of no further punishment:

1. The expression of the subject of punishment in the "Administrative Punishment Law" lacks the only definite characterization of the subject of punishment. Violations of administrative laws that have jurisdiction over several authorities;

2. The principle of "no penalty in one case" in the Administrative Punishment Law does not provide appropriate rules for the application of conflicts in the application of laws and regulations. It is believed that with the development and improvement of the administrative rule of law, these problems will be solved.