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“一事不再罚”原则是被我国法学界一致认同的行政处罚的一项基本原则,在行政审判中被广泛运用。但是由于立法对此原则的规定过于简单,理论界对其含义认识混乱,近年来对行政相对人重复处罚,侵害权益的状况日益严重,该原则理论上的不成熟和迫切的现实需要之间的矛盾突出。因此我们有必要对“一事不再罚”原则进一步思考与探讨,促进其进一步完善。
The principle of no longer being penalized is a basic principle of administrative punishment unanimously recognized by the jurisprudence of our country and widely used in administrative adjudication. However, due to the overly simplistic stipulation of the principle by the legislature and the confusion of its meaning on the theoretical circles, the repeated punishments against the administrative counterparts and the infringement of the rights and interests have become more and more serious in recent years. The theoretically immature and urgent practical needs Prominent contradictions. Therefore, it is necessary for us to further consider and discuss the principle of “no more punishment for a single issue” to promote its further improvement.