Study Of The "First Violation Of Impunity" System Of The Administrative Penalty Law

Based on the general principle of combining punishment and education in administrative enforcement,some municipalities and law enforcement agencies have developed a new flexible law enforcement model-"first offence without penalty".However,as this is only an enforcement method used by some municipalities and departments according to their own needs,it has not been enshrined in law and its legality has been controversial since its introduction.It was not until 2021,when the Administrative Sanctions Act was amended to include a system of "impunity for first offence",that the status of "impunity for first offence" was finally raised to a legal level and the controversy over its legality ended.At the same time,the introduction of the "impunity of first offence" system in the Administrative Sanctions Act brought the system of "impunity of first offence" under wide attention.Currently,work on the "first violation impunity" system is in full swing both at the national level and in various municipalities and departments.However,an in-depth examination of the "first violation of impunity" system shows that the "first violation of impunity" system is currently not perfect,and the existing system content cannot yet meet the realistic needs of practice.In this thesis,we use literature,case studies and normative research to systematically examine the system of first offender impunity,identify systemic problems and explore measures to improve the system.Besides the introduction,this document is composed of four parts.In the first part,based on the legal regulation of "first offender impunity" in Article 33(1)of the Administrative Sanctions Act,we will sort out the basic connotation of the constituent elements of "first offender impunity".We will examine the jurisprudential basis of the "first violation of impunity" system from different perspectives and appreciate the rigour and unity of the internal logic of the "first violation of impunity" system.Distinguish the conceptual differences between "first violation impunity" and "petty impunity" to avoid confusion between the two and thus fully understand the "first violation impunity" system.The second part examines the practical significance of adding the "impunity of first offence" system in the new Administrative Sanctions Act from the point of view of creating a good business environment,balancing legal interests and realising the concept of peoplecentred law enforcement.At the same time,it summarises the practical application of the "first offender impunity" system in administrative law enforcement and its development in the relevant laws and regulations,briefly outlines the current situation of the "first offender impunity" system and attempts to identify the potential problems of the "first offender impunity" system.The system of "first offender impunity" has been applied in practice and developed in relevant laws and regulations.In the third part,based on the examination of the first offender impunity system in the first and second parts,it is found that there are certain problems in the application of the system in terms of the application criteria,application areas and application procedures,such as lack of clarity in the application criteria of the elements,severe limitations in the application conditions,lack of limitations in the application areas and lack of clarity in the application procedures.At the same time,there are also problems with the supporting mechanisms for the "first offender impunity" system,such as the lack of a damage assessment mechanism and inadequate monitoring mechanisms.The fourth part makes relevant recommendations in response to the problems identified in the third part of the report.For instance,the core concept of the first offender system should be reasonably defined,the areas of application should be limited by exclusion,the enforcement procedures of the first offender system should be improved from multiple perspectives,and the system should be supported by mechanisms such as damage assessment,dynamic adjustment of the list of cases and supervision of enforcement.In addition,to ensure the continuity of the benefits of the "first offender impunity" system,additional measures have been added to ensure the monitoring of the system,such as the inclusion of the "first offender impunity" system in an information exchange platform and random spot checks.