行政处罚中“一事不再罚”原则探究

"一事不再罚"原则作为行政处罚适用中的一项基本原则,已为我国法学界普遍认同,但如何理解和适用,在理论和实践中还存在不少分歧,也暴露出该原则理论上的不成熟和迫切的现实需要之间的矛盾。为保护公民、法人或者其他组织的合法权益,规范行政处罚实施,实现罚当其过,解决实践中的重复处罚、多头处罚问题,应进一步明确该原则的内涵,统一其适用原则和标准。

Research on "the Only Punishment in One Incident" Principle in the Administrative Punishment

As a basic principle in the suit of the administrative punishment,the principle of ＂the only punishment in one incident＂ has already been accepted in China legal science circle.However,on how to understand and suit the principle,there are much dispute in the theory and the practice,also exposes the contradiction and the un-coordination between this principle which is not mature theoretically and the urgent needs in reality.In order to protect the legitimate rights and interests of the citizen,the legal person or the other organizations,standard the implementation of the administrative punishment,realize that the punishment should be what it should be,solute the problem of redundant punishment,the multi-thread punishment in practice,the connotation of the principle should be further cleared,the suit principle and the standard should also be unified.