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The application of“Non-repeated Penalty on the Same Illegal Act”in administrative penalty
Pages: 7-11+17
Year: Issue:  6
Journal: China Health Law

Keyword:  Administrative penaltyConstitutive requirementsNon-repeated penalty on the same Illegal act;
Abstract: Under regulation of Article 24of"Law of Administrative Penalty",which quote limitedly the principle of"Non-repeated penalty on the same illegal act",the administrative organs must judge"the same illegal act"clearly in case investigation.To do this,it is necessary to analyze the differences and similarities about constitutive requirements of illegal act.In principle,the judgment of how many illegal acts depends on how many sorts of constitutive requirements of illegal act private party’s behavior meet.Moreover,private party’s behavior which meets one sort of constitutive requirements of illegal act could become several illegal acts by breaking through its time-space boundary.Base on a correct judgment about numbers of illegal acts,the administrative organs should give administrative penalties correspondingly.
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