公務員懲戒罰法理實務與兩罰問題之研究

Approach of Disciplinary Punishment against Public Functionaries on Legal Principle & Practice, and Problems of Double Jeopardy

The disciplinary punishment upon public functionaries contains both the substances of punishment and discipline, which is theoretically conferred to superior officers. While in order to ensure human rights protection pursuant to Article 77 of Constitution, the Judicial Yuan is now in charge of disciplinary measures against public functionaries. Although most of our scholars agree that both the disciplinary actions and measures could be regulated in different acts and carried out in parallel for the same purpose, they are actually repetitive, which could cause double jeopardy on public functionaries, and violate the basic principle of human right protection under the rule of law. In an effort to solve this problem, in this paper two ways will be considered. One is to integrate all of these disciplinary actions and measures as to make clear competence separation between the executive and judicial powers. And another is to select only one from these two systems.