| 英文摘要 |
On account of the promulgation and implementation of the Administrative Penalty Act of Taiwan, several traditional doctrinal principles of administrative penalties have been enacted and become applicable positive rules, which is helpful for the law enforcement authorities to put the principle of « Rule of Law» into practice. However, the application of certain principles is still controversial.
This article aims at dealing with 3 issues requiring further specification: firstly, the conceptual distinction between the « Adverse Actions of Punitive Nature » and « Adverse Actions of Non-punitive Nature » ; secondly, the principle of legality in the domain of administrative penalties, and last but not the least, the acts performed in accordance with law or order as legal justification. Having discussed the aforementioned topics, this research hopes to reflect on and sophisticate the traditional jurisprudential doctrines under contemporary world.
In sum, the article argues that comparing with the latter two, which can be effectively supplemented by operating the doctrinal study of law (Rechtsdogmatik) and judicial judgments, the former is limited by its own statutory structure, thus, it is permanently faced with difficulties in identification. Unless the authorities concerned revise the provision, the distinction between the « Adverse Actions of Punitive Nature » and « Adverse Actions of Non-punitive Nature » would still need to be analyzed in detail ad hoc, and merely impossible to propose a general criterion. |
