本科毕业设计-论一事不再罚原则之立法缺陷与完善

AbstractWith the development of socialist legal construction, to meet the needs of reality, the Law on Administrative Punishments 24th on " The issue is no longer fined " the principle of the Regulations ， and the issue is no longer fined " great principles in legal disputes, which has become one of the hot issues discussed by academics. Practice shows that on the principle understand there exist many differences. Meanwhile, in the course of law enforcement applications have also encountered a lot of trouble. Different understanding about this principle has led to the inconsistency in the area of law enforcement and relative legal rights and interests of the people cannot be protected. With the development of market economy in china, the situation is getting worse. In the " administration according to law and building a socialist country ruled by law " today, on the correct understanding and application of the laws and regulations have become necessary. This article will proceed from the Legislative Defects of the outstanding problems, sum up china's " one no longer fined " the importance of the principle, combined with the reality of society, and make perfect " a matter no longer fined " principle the idea of legislation.Key words: the law of the administrative ； no one should be twice punished for the same cause ； the Legislative Defects ； range of application论一事不再罚原则之立法缺陷与完善一事不再罚，是行政处罚理论中一个法律适用原则。这一原则在行政法规中已确立，行政审判也较多的适用。这一原则以保护公民基本权利不受行政机关的侵犯为目的，对于维护法律的公平与尊严，维护行政管理秩序，保障行政权有效行使，保护相对人合法权益起到积极的作用。但到现在为止，还没有权威的法学著作对这一原则进行具体的、明确的阐述。理论上的不成熟导致法律制定的不法律规...