Research On The Double Punishment System Of Administrative Violations Of Units

With the huge economic prosperity,all kinds of market players in China are booming and entering a wider range of industries.At the same time,the phenomenon of unit organizations harming national interests and public interests has occurred from time to time,which has impacted the administrative order.China’s legislation has introduced the system of double punishment for administrative violations by units in many fields,and the scope is expanding and the intensity is increasing.However,the punishment mode of unit administrative violations is generally in a mixed state,and there are some problems to be solved urgently in the application of the double punishment system of unit administrative violations.Based on this,this paper takes the current effective laws in China for this research,starting from the punishment mode of investigating administrative violations of units,presenting the overall legislative status and revealing the problems in its responsibility allocation;Furthermore,in view of the lack of general provisions in the general law of administrative punishment and the large lack of legislation of different specific law,this paper puts forward some suggestions at the legal level.Different from the existing literature,this paper pays more attention to the discussion of specific legislative defects,which not only puts forward the basic principles of local application from a macro perspective,but also puts forward suggestions for improving penalties from a micro perspective,in order to conform to the legislative trend of the double penalty system for administrative violations of units and promote its standardization and perfection.There are 4 main parts in this text :The first part,mainly aims to investigate the current situation of legislation and judicial practice of administrative illegal punishment of units in China.Through sorting out the legal liability provisions,analyze the legislative status quo.By consulting the data and cases on the Internet,this paper explores the current judicial practice of the double punishment system for administrative violations in units.The second part reveals the main problems: the conditions for establishment are unclear,the scope of application is doubtful,the subject boundary is vague,the responsibility allocation is unreasonable,and the penalty provisions are disordered.On this basis,the main reasons are analyzed: theoretical research is not sufficient,legislative technology needs to be improved,and scientific and reasonable connection is lacking.In the third part,it is clarified that the unit administrative violation has a dual structure,that is,there are two illegal subjects,the unit and the unit members,both of which meet the constitutive requirements of administrative punishment.Then it refines its institutional value.Then,by studying the regulations of double punishment system in other countries,and also in Chinese Taiwan,it provides reference for its construction.The fourth part,put forward specific suggestions: establishing the basic principles of local application,improving the responsibility-taking mechanism,optimizing the responsibility balance mechanism,improving the penalty mechanism,exploring the flexible approach,and striving to promote the scientific construction of the double penalty system for administrative violations in units.