| 英文摘要 |
The penalty prescription under incumbent Administrative Procedure Act is three years, and it commences as the actor’s illegal behavior ends. Regarding the commencement time for omission under the Administrative Procedure Act, most scholars agrees that it should commence as ‘the actor has already carried out the required action and thus ends the illegal status’ or as ‘the obligation of action ends’. However, the prescription will never commence if the actor refuses to conduct the obligation of action. Some theories then have been developed to modify this problem but fail to be justified themselves. As a result, to solve this pressing issue, this article not only addresses the constraints of incumbent theories, but also suggests that the prescription should commence when the obligation of action is available for penalty. |
