行政处罚中"一事不再罚"原则的适用与例外

行政处罚中"一事不再罚"原则的具体适用问题,在学界和执法部门存在较大争议,原因在于"一事不再罚"原则并未在我国的<行政处罚法>中完全确立,自立法之初就有天生局限性,其适用前提受到特定情形的限制,所以"一事不再罚"原则的适用还有许多例外,为此,执法必须谨慎操作,立法尚需进一步完善.

The Employment and Exception of the Principle of "No One Is Punished Twice for One Offense"

To turn the Principle of "No One Is Punished Twice for One Offense" into reality brings a lot of disputes in academic circles and department of law enforcement. The reason lies in that the Principle has not been officially founded in Chinese Administrative Punishment Law. The Principle of "No One Is Punished Twice for One Offense", born with its drawbacks, is restrained by certain occasions when employed, therefore, many exceptions exit in the employment of the Principle, so that legislators must be cautious and legislation needs further consummation.