Research on the System of First Violation without Penalty

Haoyu Zhang

doi:10.54691/za3vts14

Authors

Haoyu Zhang

DOI:

https://doi.org/10.54691/za3vts14

Keywords:

First Violation without Penalty; Administrative Penalty; Administrative Discretion.

Abstract

With the continuous deepening of the construction of a digital rule of law government and the implementation of the principle of inclusive and prudent supervision in multiple fields represented by the business sector, the latest revised Administrative Penalty Law of the People's Republic of China in 2021 has for the first time stipulated the first violation without penalty system in Article 33. The "first violation without penalty " system draws on the "minor violation without punishment" system and conforms to the trend of government function transformation, which is a novel measure in the field of administrative law enforcement. In this article, the author will analyze the system from two levels. At the theoretical level, the connotation of the system will be explained through its origin, practical significance, and comparison with "minor non punishment"; At the practical level, analyze the practicality of the system by combining the "first violation without penalty " lists from multiple regions. The author will also analyze the problems that exist during the implementation of the system and provide their own suggestions.

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