2020-08-012024-05-17https://scholars.lib.ntu.edu.tw/handle/123456789/679771In modern society, punishment and sanctions are often combined with administrative control as a means to solve the problems of endless political, economic, and social issues. we broadly accept criminal legislation as a means of settlement in two ways, one is to make punishment more severe, and the other is to regard criminal punishment as a “prima ratio” rather than “ultima ratio”. Not only in Taiwan but also in Europe and the United States or in Japan, this kind of trend, which could be called as "criminal activism" is also common. In the past, legal theories of criminal law mostly focused on legal interpretation and application of statutes, while failing to take criminal legislation seriously. However, in recent years, we began to pay attention to what the criminal legislation should be. This project asks simple questions: can we deploy those tools dealing with judicial interpretation and application into the legislative law- making process? How can “theory of criminal legislation” be possible? In order to answer these questions, this project will figure out the roles of constitution throughout the process of legislation with using theory of “legisprudence”. Second, this project will take stock of the current administrative penal regulations in Taiwan. Based on the current status of regulations, this project will analyze the normative model and discuss whether these administrative penal regulations are breaching the basic principles of criminal law or not. Besides, this project will try to answer under what conditions have legislators been able to legislate laws without adapting to the general provisions of Penal Code.criminalization, criminal sanctions in administrative law, regulation, criminal sanctions in corporate law, crimes mala prohibita, crimes mala in se, governance