The Practice Review and the Optimization Path of Exemption from Administrative Penalty System
When the system of"not imposing administrative penalties"is examined in the context of law enforcement practice,it can be found that the system is currently beset with the practical prob-lems of confusing identification criteria and lack of law enforcement procedures,which further aggra-vate the difficulties of practical application.It is also the case that article 33,paragraph 1,of the Ad-ministrative Penalties Law provides in the same paragraph that administrative penalties"shall"be withheld and"may"be withheld,resulting in a failure in practice to make a clear distinction between"shall"be withheld and"may"be withheld,which involves the interpretation of uncertain legal con-cepts,and the inclusion of both in the discretionary space of the administrative organ.should"and"may not impose administrative penalties",which are discretionary in nature,are not clearly differenti-ated in practice,and both are included in the administrative organ's discretionary space.China's sub-stantive law on"should"not administrative penalty provisions in a scattered manner,and in the estab-lishment of the constituent elements of the academic community has not yet reached agreement,so it is not possible to form a unified understanding of the administrative law enforcement application of the correct to adopt,and has not yet built up the normative application of the environment.In order to ef-fectively guide the specific application of administrative law enforcement,the construction of the"should"not be administrative penalty behaviour of the double logic connotation:in the formal level,the administrative offence is not established;in the substantive level,if there is not punishable rea-sons to exclude the illegality of the behaviour.In this regard,it is necessary to clarify the normative group of the system of"should"not be administrative penalty,and accordingly put forward the op-timisation path of the system of not administrative penalty in China.
Administrative Punishment Lawshould not be punishedconstituent elementslist of impunity
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