The newly revised Article 33(1)of the Administrative Penalty Law in 2021 stipulates the"no punishment for first violation"system,which confirms the legality of its application.From a legal perspective,the system contains an organic unity of three logical principles:"combining punishment with education","equivalent punishment",and"cheap punishment with legal punishment".In terms of its goals,it includes three goals:"improving the business environment","promoting social harmony",and"enhancing administrative law enforcement efficiency".In practice,there is a lack of unified standards for the application of the"no punishment for first violation"system by various law enforcement departments,especially in the standardized definition and application boundaries of"first violation",which has led to differences in discretionary results in different regions.It is necessary to accurately and specifically identify the concept of"first violation"and define the scope of origin and destination,spatial scope,and domain scope in the application boundaries.Thus further promoting the operation of the"no punishment for first violation"system on the legal track.
no punishment for first violationadministrative penaltiesidentification standardsapplicable boundaries
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