“一事不再罚”原则确立标准的反思与重构

Reflection upon and Reconstruction of the Establishment Standard for the Principle of "The matter is no longer fined"

为维护行政处罚的公正而不过分损及被处罚人的合法权益,“一事不再罚”应当成为行政处罚法的基本原则,但其理论支撑需要重新考量。实际上,“过罚相当”与“有效遏止”应当共同成为“一事不再罚”原则的确立标准。唯有如此,“一事不再罚”原则才具有应有的适应性和指导性,行政处罚的目的才能有效实现。《行政处罚法》立法过程中对该原则的艰难取舍和最终妥协,成为其不得不予以修改的现实理由。

In order to safeguard the fairness of administrative penalty and the interests of the fined people, “the matter is no longer fined” should become the basic principle of the law of administrative penalty, but its theory needs considering again. Only in this way will the principle of “the matter is no longer fined” have due adaptability and guidance, and the purpose of administrative penalty be realized effectively. The realistic reason of its revise is the difficult choice and final compromise to this principle in the legislative course of “law of administrative penalty.”