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Discussion on the Principle of Punishment Once Only for One Illegal Act
Author: ZuoZongWu
Tutor: WangKeWen
School: Suzhou University
Course: Legal
Keywords: punishment once only for one illegal act administrative penalty application exception
CLC: D922.11
Type: Master's thesis
Year: 2010
Downloads: 188
Quote: 0
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Abstract
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Administrative penalties, means of punishment and instruction for the administrative counterpart violating administrative law, aims at reclaiming illegality and preventing the administrative counterpart from violating laws again. Article 24 in Administrative Penalties Law of our country prescribes that the litigant must not be punished twice or more for the same illegal act, which initially establishes the legal status and function of the principle of punishment once only for one illegal act in the course of administrative penalties. However, the principle of punishment once only for one illegal act applies to limited circumstances, simply restricting amercement of administrative penalties for more than once, not other types of administrative penalties for the second time or more. Since the case of reduplicate penalties, which harms the legal interests of the administrative counterpart, still happens from time to time, it’s necessary to further define the principle of punishment once only for one illegal act and to set up the principle as the generalia of administrative penalties. Due to the diversity of legal values in the field of administrative law, exceptions of application to the principle should be allowed.
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CLC: > Political, legal > Legal > Chinese law > Administrative law > Administrative decree
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