Research On The System Of "first Violation Not Punished" In Administrative Punishment

As a new flexible administrative law enforcement mode,the legitimacy of the "no punishment for first violation" system has always been controversial.The first paragraph of Article 33 of the newly revised administrative punishment law in 2021 clearly stipulates the "no punishment for first violation" system,which stipulates that the "no punishment for first violation" can not be subject to administrative punishment until it meets the three applicable requirements of "first violation","slight harmful consequences" and "timely correction",This actually gives the legitimacy basis of "no punishment for first violation".The system of "no punishment for first violation" has inherent logical organic unity,taking into account administrative restraint and administrative discretion.It is the unity of formal rule of law and substantive rule of law,and fully embodies the principle of the combination of education and punishment of administrative punishment.The effective implementation of the "no punishment for first violation" system is conducive to optimizing the business environment under the rule of law,coordinating the balance of interests of all parties,highlighting the law enforcement concept of "people-centered",which is a humanized and warm way of law enforcement.The system of "no punishment for first violation" is a legislation promoted by many practical experience in law enforcement.At the legal level,only Article 33 of the administrative punishment law provides for it,but various localities have formulated a large number of lists of matters involving "no punishment for first violation".Due to the semantic generality of the system itself and the legal provisions,there is still considerable uncertainty and fuzziness in the applicable boundary,specific standards and specific procedures of the "no punishment for first violation" system.Therefore,it is necessary to systematically sort out the current list of "no punishment for first violation",and clarify the applicable boundary and existing deficiencies of "no punishment for first violation",so as to be improved.Based on the list of items of the current "no penalty for first violation" system and the current situation of law enforcement,first of all,there are some problems in the "no penalty for first violation" system,such as general and different applicable standards,confusion between no punishment and exemption from punishment,complex list of items,low effectiveness level and unclear positioning of "non subjective elements";Secondly,the system of "no punishment for first violation" is still lacking in procedural provisions,and the applicable procedure is controversial;Finally,in the law enforcement practice of "no punishment for the first violation",due to the lack of normative guidance and effective supervision,the administrative subject abuses the administrative discretion.In order to ensure the effective implementation of the "no penalty for first violation" system and give full play to its due value and effect,it is necessary to further refine the applicable standards of "no penalty for first violation",determine the scope of exceptions,improve the procedural provisions of "no penalty for first violation" and implement relevant supporting systems and mechanisms.On this basis,add supporting solutions and strengthen the supervision and restriction of administrative discretion,in order to build a standardized and unified "no punishment for first violation" system and give full play to the due effect of flexible law enforcement.