The Study of Double Jeopardy Clause in the Administrative Penalty Act of 2005
Date Issued
2008
Date
2008
Author(s)
Jeng, Kwo-Rong
Abstract
The double jeopardy aims to avoid punishing more than once for the same offense. On the constitutional basis of the principles of legal stability and trust protection, the double jeopardy has become the basic principle of contemporary countries ruled by law. However, influenced by traditional German theory, in practice the judiciary and administration has always considered it necessary to punish a crime for more than once if it violates several laws (obligations). By contrast, most scholars maintain that if a punishment is sufficient to achieve its purpose, no more punishments are needed. As a result, the issue has long been contentious.nterpretation Nos. 503 and 604 by the Justices of the Judicial Yuan have expressly forbidden double jeopardy. The Administrative Punishment Act has also established the principle of double jeopardy. Though the legal system seems to be in line with the trend of human rights protection, the old theory and practice have had a profound impact. Moreover, the new legislation is very sketchy and many of the existing laws are at odds with the principle. Consequently, there is plenty of room for improvement before a sound legal system complete with the principle of double jeopardy is established. The article strives to outline the operating norms of “no double jeopardy” from the comparative law perspective by taking a leaf from industrialized nations’ books (e.g. the US, Germany) in an effort to bridge the gap between theory and practice and illustrate the operating mode of the “ double jeopardy” principle.s well as establishing the legal status of “ double jeopardy”, the article will explore the subject by first dividing it into two parts – “one behavior” and “no more than one punishment” – before carrying out a theoretical discussion of the concept of “one behavior”, analyzing the patterns of various kinds of special behaviors in order to determine whether it is one behavior (one punishment) or several behaviors (several punishments). The article will carry out a theoretical examination of the handling of the situation in which two or more punishments coexist (including coexistence of several administrative punishments and of an administrative punishment with a criminal punishment) in an attempt to faithfully portray the “ double jeopardy” principle in the Administrative Punishment Law and decide whether improvements can be made to this law and related laws.n the early days, the “double jeopardy” principle was considered to belong to the legal realm. As it possesses features characteristic of a basic litigant right, most scholars are of the opinion that it has evolved into a constitutional principle. As a result, it has been applied to a wider array of fields than in British and American legal systems, an advance in human rights protection. It is hoped that the suggestions made in the article in terms of system construction and revision of laws may be of some help to the development of the legal system.
Subjects
countries ruled by law
double jeopardy
multiple punishment
one behavior
coexistence (competition and cooperation)
SDGs
Type
thesis
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