Research on the Application of the “No Penalty for First Violation” System in the Field of Market Regulation

Abstract

As an important measure to practice the concept of inclusive and prudent supervision in the field of market regulation, the “no penalty for first violation” system is of great significance for optimizing the business environment and improving law enforcement efficiency. However, the system still faces numerous challenges in its specific application, which restrict the full play of its effectiveness. By adopting normative analysis and case analysis methods, this paper sorts out the normative system for the application of the “no penalty for first violation” system in market regulation, analyzes relevant cases from China Judgments Online, and focuses on exploring how to establish a standardized path for the application of this system in the field. The research finds that the application of the “no penalty for first violation” system in market regulation has such problems as differentiated application standards, rigid application of the “no penalty for first violation” list, and the absence of a supervision mechanism for administrative discretion. In response to the above issues, targeted legal suggestions are put forward, including clarifying the applicable elements of the “no penalty for first violation” system, establishing an escape mechanism for the system, and constructing an administrative discretion supervision mechanism. It is hoped that this research can provide theoretical reference for promoting the standardized and precise application of the “no penalty for first violation” system in market regulation and realizing the unification of legal effects and social effects.