行政罰上之有責性原則適用於道路交通管理處罰條例之探討

Discussion on the Application of the Principle of Responsibility in Administrative Penalties to Road Traffic Management Penalty Regulations

道路交通管理處罰條例於立法之初，即著重於對違反交通義務者之處罰，以達到維持交通秩序之目的。因此，道交條例既屬處罰性質之法律，自應遵守行政罰上之有責性原則。當主管機關欲依據道交條例處罰人民時，須證明人民存有主觀上之責任要件，否則不得為之。惟道交條例之規定並不夠明確，且於行政罰法施行後，在有責要件方面，已有不同以往之規定。故道交條例是否滿足有責性原則之要求，並符合行政罰法之規定，實有深入檢討之必要。本文即主要在檢討道交條例適用有責任原則時之各種問題，進而提出改進建議，期有助於交通安全法制之完善。

When the Road Traffic Management Punishment Regulations were first enacted, they focused on punishing those who violate traffic obligations in order to maintain traffic order. Therefore, since the Road Traffic Regulations are a law of a punitive nature, they should abide by the principle of responsibility in administrative penalties. When the competent authority wants to punish people based on road traffic regulations, it must prove that the people have subjective responsibility requirements, otherwise it will not be allowed to do so. However, the provisions of the Road Traffic Regulations are not clear enough, and after the implementation of the Administrative Penalty Law, there are different provisions on the liability requirements. Therefore, it is necessary to conduct an in-depth review of whether the road traffic regulations meet the requirements of the principle of responsibility and comply with the provisions of the administrative penalty law. This article mainly reviews various issues when applying the responsibility principle in road traffic regulations, and then puts forward suggestions for improvement, which is expected to contribute to the improvement of the traffic safety legal system.