Research On The "First Violation Without Penalty" System Of The Administrative Punishment Law

"No punishment for first violation" was carried out as a pilot work of administrative punishment in various regions in the early stage,extending from the initial environmental protection and transportation to finance,market supervision,taxation and other fields,and achieved good results.The "first violation without punishment" system of the revised administrative punishment law is to upgrade the important achievements of the first violation without punishment in the practice of various places into a legal system,which responds to the illegality of the formulation of administrative punishment,and ensures that the law enforcement work has laws and evidence to follow.The "first violation without punishment" system has important theoretical and practical values of improving the administrative punishment system and mechanism,people-oriented,optimizing the business environment,reflecting the combination of punishment and education,and reducing the cost of law enforcement,reflecting the concept of flexible law enforcement,and also complying with the trend of changing the government’s service awareness.In the face of the social situation of China’s heavy administrative punishment,the "first violation without punishment" system has a large space for social development.Although the content of the system is clear,the connotation is not clear.The most typical representative is that the meaning itself is unclear,which leads to a variety of understanding deviations.The inconsistent standards of punishment in different regions have resulted in the actual injustice of law enforcement.It also includes the use of the list of non-punishment in different regions,and the unreasonable use of discretionary power.The list making authority has a large discretion,which limits the discretion of the executive authority.In addition,Law enforcement procedures and records are also important issues of the "first violation without punishment" system,including the necessary supervision of the application and implementation of the "first violation without punishment" system,which are the key issues to be considered during the specific implementation of the system.For the first violation of the system,first of all,by studying the content of the first violation of the system,defining the standards of "first","violation" and "non punishment",making theoretical preparations for the specific application of the system,clarifying the connotation of the system,sorting out the system structure,including the original provisions and laws related to the first violation of the system,building the framework of the first violation of the system,mining the theoretical and practical value of the first violation of the system,and clarifying the legislative purpose of the system Study the relevant lists and the status quo of the system of non-punishment for the first violation in all regions,find out the problems in practice,study and develop the development direction,clarify the difference between "non-punishment" and "exemption from punishment",reduce the deviation of understanding,uniformly use the non-punishment list,and give full play to the internal The outside includes the supervision role of the third party and the administrative counterpart on the law enforcement work,uses various means to strengthen the restriction on the discretion,retains the necessary discretion of the law enforcement agencies,and ensures the effect of the practice of law enforcement,so as to give greater play to the value of the "first violation without penalty" system.