“一事不再罚”原则是限制国家行政处罚权最重要的原则,起源于美国《宪法修正案》第5条的“双重处罚禁止”,后来被德国《基本法》(第103条第3款)和日本《宪法》(第39条)所继受。这些国家适用此原则均是先在刑法领域,后来逐渐发展到行政法领域。《中华人民共和国行政处罚法》(以 The principle of no longer being punished is the most important principle that limits the power of administrative punishment in the country. It originated from the “double punishment prohibition” in Article 5 of the U.S. Constitution Amendment and was later replaced by the German “Basic Law” (Article 103, paragraph 3) And the Japanese Constitution (Article 39). The principle that these countries applied this principle was first in the field of criminal law and then gradually developed into the field of administrative law. Law of the People ’s Republic of China on Administrative Punishment (With