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Anonymous users2024-02-11The principle of non-re-punishment in one case is a concept in jurisprudence, which means that the offender shall not be punished twice or more on the same basis for the same illegal act. 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.
According to the requirements of the rational system and the spirit of the legislation, there should be a principle of non-punishment in the field of administrative punishment in China, in which a matter refers to an act that meets the constitutive elements of an administrative violation; No further punishment means that unless otherwise provided by law, the administrative entity can only give one and one punishment. However, based on the diversity of administrative punishment subjects, the impurity of the nature of the current types of punishments, and the equivalent effectiveness of excessive punishments, there should be necessary exceptions to this principle.
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Anonymous users2024-02-10Non-re-punishment means that the same matter cannot be punished twice under the same law, but the fine and restitution are two penalty items of the same punishment, and the restitution cannot be refused on this basis.
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Anonymous users2024-02-09It means that if the administrative organ does not impose two or more penalties for the same violation, if the fine and restitution are reflected in one punishment, it cannot refuse to enforce it on the grounds of "no more punishment for one thing", and if the fine is completed, and the restitution is requested, and the punishment is dealt with twice, it can be resolutely performed.
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Anonymous users2024-02-08Legal analysis: The principle of non-re-punishment means that more than two administrative penalties cannot be given to the same illegal act of the party who violates the law. The principle of non-punishment is one of the basic principles of administrative punishment.
For the same illegal act, the party must not be given an administrative penalty of more than two fines.
Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 29: The parties suspected of the same illegal act shall not be given an administrative penalty of more than two fines. Where the same illegal conduct violates multiple laws and norms and shall be punished with a fine, punishment is to be given in accordance with the provisions on the higher amount of fines.
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Anonymous users2024-02-07The principle of no further punishment for a violent destruction means that the same illegal act of the party shall not be given an administrative penalty of more than two fines. When administrative organs carry out administrative punishments, they shall order the parties to make corrections or correct the illegal conduct within a set period of time.
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Anonymous users2024-02-06<>The principle of non-re-punishment means that administrative organs must not give more than two administrative punishments of the same form to the same illegal party for the same illegal act, and cannot impose repeated punishments. The same violation is a violation of a certain legal norm. If an illegal act violates two or more legal norms, such an act is not the same illegal act, but an act of competing norms, and the competent organ can only determine that the punishment decision of a certain administrative organ is lawful and valid.
According to judicial practice, if the employee does not submit a request for recusal, the other party can submit a request for recusal, and if the refusal is not recusal, it will be punished blindly. That's all for the collation. If you have any doubts, you are welcome to consult at any time.
Article 24 of the Administrative Punishment Law stipulates that no party shall be given an administrative penalty of more than two fines for the same illegal act.
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Anonymous users2024-02-05The principle of re-punishment means that no more than two administrative penalties can be imposed on the same illegal act of the offender. The principle of non-punishment is one of the basic principles of administrative punishment.
Article 24 of the Administrative Punishment Law stipulates that a party shall not be given an administrative penalty of more than two fines for the same illegal act.
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