In legal liability clause, classics regular meeting has such stating, it is to instruct illegal party to correct above all namely (instruct correct) , next semicolon, refus is not corrected after semicolon, give why to plant administrative punishment.
To the illegal action that can correct, this kind is stated applicable rise ought to say problem of it doesn't matter. The executive authority discovers illegal behavior should instruct party to correct above all, party was corrected, also do not have a thing, carry out administration to punish to its no longer. Below the condition that does not correct in party refus only, just adopt further administrative step to perhaps carry out administration to punish to its.
Present problem is, if party place happens illegal behavior cannot correct, how ought to do? It is not to grant to punish, does the condition that can you still correct according to refus give punishment?
Want to answer this question, involve the understanding of pair of two concepts meanings actually, it is amendatory meaning, 2 it is the meaning that refus does not correct.
What is amendatory meaning, it is to point to what violate act to what already happened to correct only, also still include to be opposite henceforth of behavior correct, that is to say, as long as will party produce this kinds of illegal behavior to also calculate no longer henceforth corrected?
If the illegal action that cannot correct exists really in reality (for example inspect manage unit does not check to the illegal behavior of discovery, the behavior that the branch reports and should not report to the director) , correct should include to be opposite henceforth of behavior correct. Because since maintain,violate act irreclaimable (correct) perhaps restore to legal status insignificant (if be discovered by the executive authority hind, report to the executive authority again) , and rather than asks party must restore, do not restore (correct) be about to give punishment, belong to try to make sb do sth which he can't do apparently, do not have rationality.
Accordingly, to the illegal action that cannot correct, instruct party to correct, should understand be is requirement party henceforth cannot recommit (as above class is late, how to correct? Will be henceforth be late no longer) , if party will not produce this henceforth,this kinds violate act, also belong to corrected. To the illegal action that cannot correct, unfavorable the condition that regards its as refus to be not corrected is treated. Refus is not corrected have subjective those who go up is intended, can be corrected namely and do not change namely. Regard what cannot correct originally as refus the condition that does not correct, implement administrative sanction to its with this, do not accord with legislative original idea apparently.
Answer relatively with amendatory meaning, the meaning that refus does not correct also ought to include two implications: It is to point to can be corrected originally and the condition that refus does not correct, 2 it is the case that points to a requirement to its are corrected in the behavior henceforth and was not corrected.
To the first kind of case, party refus does not carry out an executive authority to correct jussive, the condition that does not correct according to refus, it is OK to implement sanction lawfully.
And correct in the behavior henceforth to requirement party, party nonobservance asks and break the law again, whether to still need according to the law regulation, go ahead of the rest is instructed correct, when waiting for refus to be not corrected, give again punish? Unfavorable such understanding, to recommit, can regard refus as the condition that does not correct directly, give lawfully punishment. Otherwise, with respect to the odd group that can form an infinite loop, to this kind illegal behavior cannot be found out from beginning to end. This also does not accord with legislative original idea.
Instruct first correct, the ability that does not correct to refus carries out punishment, those who reflect is the principle with education and condemnatory photograph union, first education. Still do not correct to classics education, should give punishment. Otherwise, cannot check the happening of illegal behavior, also not agree with lawful original idea.
