2021年《行政处罚法》修订时在第三十三条增加了“首违不罚”规则。该规则实施两年以来，实务界出现适用标准不一和与“轻微不罚”混淆适用等现象，学界也暂未形成统一解读。当前，急需在对现行法秩序的合理性保持确信的基础上，深入探讨“首违不罚”这一法律规则的一般理论、构成要件和适用困境，并在制度层面提出相应的解决方案。在规则适用上，“首违不罚”规则面临着适用标准模糊、适用程序缺位以及行政机关滥用行政裁量权等问题。而作为目前规则适用主要载体的免罚清单，也面临着数量庞杂导致执行困难、效力等级不一、更新不及时导致无法适应社会需求以及过度限缩行政裁量权的问题。可以说，“首违不罚”所面临困境的解决，其核心在于厘清各项构成要件的规范意涵，重点在于出台规则适用的配套措施、改变免罚清单的混乱现状。以此为指导思想，提出统一适用标准、明确冲突指引、规范执法程序、健全执法监督、加强案例指导的完善规则适用建议，并重新思考了免罚清单的管理模式，以期为“首违不罚”的规则适用提供理论支撑和参考。

In 2021, the “No Punishment for the First Violation” rule was added to Article 33 of the revised Administrative Punishment Law. Since its implementation two years ago, there have been inconsistencies in the application standards and confusion with the “No Punishment for the Minor Violation” rule in practical circles, and the academic community has not yet formed a unified interpretation. Currently, there is an urgent need to delve into the general theory, constitutive elements, and applicable dilemmas of the “No Punishment for the First Violation” legal rule, based on maintaining confidence in the rationality of the current legal order. In terms of rule application, the “No Punishment for the First Violation” rule faces issues such as vague application standards, lack of applicable procedures, and abuse of administrative discretion by administrative agencies. The exemption list, which is currently the main vehicle for rule application, also faces problems such as difficulties in implementation due to its overwhelming quantity, inconsistent levels of effectiveness, inability to adapt to social needs due to untimely updates, and excessive restriction of administrative discretion. Arguably, the core of solving the dilemmas faced by the “No Punishment for the First Violation” rule lies in clarifying the normative implications of various constitutive elements, with the focus on introducing supporting measures for rule application and changing the chaotic status quo of the exemption list. Guided by this ideology, suggestions are made to unify application standards, clarify conflict guidelines, standardize law enforcement procedures, improve law enforcement supervision, strengthen case guidance for rule application, and rethink the management mode of the exemption list, aiming to provide theoretical support and reference for the application of the “No Punishment for the First Violation” rule.