The Research of No Double Jeopardy Clause of Administrative Penalty Act
Date Issued
2007
Date
2007
Author(s)
Jui-Lan, Chung
DOI
zh-TW
Abstract
Abstract
It is widely understood that “No Double Sanctions Jeopardy Clause” means nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb. Before the enactment of Administrative Penalty Act, the applications of “No Double Sanctions Jeopardy Clause” are mostly based on the interpretation of Grand Justices of Judicial Yuan and / or practical adjudication. When the Administrative Penalty Act was enacted and promulgated on Feb. 5, 2005, the principle of “No Double Sanctions Jeopardy Clause” on Same Act was established, Article 24 and Article 26 provided explicitly the “No Double Sanctions Jeopardy Clause” and the situations of concurrence of two or more administrative sanctions, the concurrence of criminal sanction and administrative sanction; and Article 31 & 32 also provided the jurisdiction and handling procedure for the above conditions; Article 27 provided the counting of timing in of adjudication of Criminal sanction and Administrative sanction.
The actual intention for and the application of incorporating “No Double Sanctions Jeopardy Clause” explicitly in Administrative Penalty Act is yet to be identify; however, since it is called “No Double Sanctions Jeopardy Clause” it is comprised of Double Sanction and Single Act, and they are the main components in this paper. This paper is divided into 6 chapters. In Chapter 2, the origin of “No Double Sanctions Jeopardy Clause” and the development in the legal system, as well as the theoretical basis were discussed. The conclusion of the above discussion was used as basis in the argument in Chanters 3 through 5 with regards the provision of “No Double Sanctions Jeopardy Clause” in Administrative Penalty Act. In Chapter 6, Conclusion of this paper and Suggestions were presented.
In this paper, the author tried to sort and analyze the development in legal system and theoretical basis of “No Double Sanctions Jeopardy Clause” and sought the applicable scope and method of this principle in local scenario to allow administrative institutions keeping from difficulty in application, which could lead to damage of interests of citizens. It covered also the adequacy of certain provision under Administrative Penalty Act and the potential problems, and suggesting amendment prior any problem coming to its being. Through the observation of the practical application and theoretical basis, in both facts and procedures, it is hoped that solutions may come out, so that the Administrative Penalty Act may maintain its position in Administration by the Law and Protection of Human Right.
Subjects
一行為不二罰原則
競合
行為數
刑事優先
執行罰
懲戒罰
No Double Sanctions Jeopardy Clause
Concurrence
Act count
Criminal Priority
Administration Sanction
Discipline
SDGs
Type
thesis
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