也谈《行政处罚法》中的"一事不再罚"原则

行政法学界关于"一事不再罚"原则的具体涵义至今尚未达成共识。我国《行政处罚法》对这个问题虽作了一些规定,但仍然不够成熟。本文结合我国《行政处罚法》的规定及当前的相关理论研究,分别阐述"一事不再罚"原则的由来及理论界的不同观点,并对"一事不再罚"原则的内涵作进一步的阐述,最后结合我国《行政处罚法》的相关规定进行探讨。

A New Discussion on the Principle of not Being Penalized Twice for the Same Act on the Law of Administrative Penalty

In the field of administrative law, as to the connotation of the principle of not being penalized twice for the same act, it hasn't been unanimous so far. Although the law of administrative penalty in our country makes some rules on this issue, it's imperfect. On the basis of those rules and the theoretical research concerned, the author firstly expounds respectively the different theories on it and the origin of the principle, and then gives further explanation of the principle; at last she discusses the related rules in the law of administrative penalty in our country.