论文部分内容阅读
一事不再罚原则作为我国行政处罚法的一项重要原则,已经被广泛接受并在学界达成共识。但是对于“一事不再罚”含义的理解并没有达成统一的见解,甚至对其含义的理解存在很大的差异。实践中由于对“一事”的理解存在偏差,执法机关无法明确自己的职权范围以及相互的职权关系,由此会发生相互推诿或者争夺执法权的现象屡见不鲜。因此,明确“一事”的含义不仅对理论研究有重要影响,更重要的是可以在行政执法过程中不出现违法行政的错误处罚行为。
The principle of no longer being punished as an important principle of our country’s administrative punishment law has been widely accepted and reached a consensus in the academia. However, there is no unified understanding of the meaning of “no matter what is punished.” There is even a great difference in the understanding of its meaning. In practice, due to the misunderstanding of “one thing ”, law enforcement agencies are unable to clarify their own terms of reference and mutual authority, which leads to the phenomenon of pushing each other out or competing for the power of law enforcement. Therefore, clarifying the meaning of “one thing ” not only has a significant impact on theoretical research, but more importantly, it can not result in the wrongful punishment of illegal administration during the process of administrative law enforcement.