| 英文摘要 |
The U.S. courts adopt an extremely lenient scrutiny attitude towards the Non-Delegation Doctrine and only require Congress to provide the“Intelligible Principle”as a guideline. The United States puts more emphasis on the strengthening of rule-making procedures and the supervision of subsequent judicial review. In the case of Jarkesy v. SEC in 2022, the U.S. Fifth Circuit Court held that a certain delegation provision of the Dodd-Frank Act to the SEC violated the Non-Delegation Doctrine. The Principle of Explicit Delegation in Taiwan is greatly influenced by the German doctrine. After comparing the regulations and theories in United States, Germany, and Taiwan comprehensively, this article proposes the constitutional limitations of financial regulatory laws delegate competent authorities to supplement rules. In the case of administrative control/administrative liability, lenient review can be adopted in terms of the review of the Principle of Explicit Delegation, but the procedures for notice and collection of written comments should still be followed. If the authorized administrative control matters will be linked to criminal liability, the requirements for the Principle of Explicit Delegation shall be strictly reviewed, and the administrative agency should take the initiative to conduct a hearing, and make a final regulatory decision based on the hearing record and explain the reasons. |
