監獄懲罰處分與行政罰法關聯之研究

The Study of the Correlation between the prison punishment and the Administrative Penalty Act

With the Constitutional Court breaking through the special power relations between prisons and prisoners, the various administrative actions of prisons need to be re-examined for their nature and the application of appropriate regulations. However, the domestic legal academia has not yet delved deeply into the various actions of prisons, and these actions do not completely conform to the traditional legal concepts in administrative law. Moreover, the nature of these actions will affect the subsequent channels for administrative relief, making it necessary to further explore the issue.
This article takes the punishment of prisoners by prisons as an example, discussing the intersecting applicability between the Prison Act and the Administrative Penalty Act. It argues that the content and purpose of the punishment are primarily focused on maintaining internal order within the institution, and are essentially disciplinary sanctions, not administrative penalties. However, to protect the rights and interests of the punished, where the Prison Act is lacking, such as in the statute of limitations, jurisdiction issues, etc., it should be analogously applied to the Administrative Penalty Act to ensure comprehensiveness.