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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/33967

    Title: 一行為不二罰原則在行政罰上之適用
    Other Titles: The principle of double jeopardy as applied in administrative sanctions
    Authors: 賴建豪;Lai, Chien-hao
    Contributors: 淡江大學公共行政學系公共政策碩士班
    陳淑芳;Chen, Shu-fang
    Keywords: 一行為不二罰;行政罰;想像競合;一行為;連續處罰;Double Jeopardy;Administrative Sanction;Merger;Single Act;Consecutive Punishment
    Date: 2008
    Issue Date: 2010-01-11 04:43:40 (UTC+8)
    Abstract: 第一章,為本文的緒論。
    The first chapter is the exordium of the thesis
    In the second chapter, the thesis first defines the conception of the “Double Jeopardy ”, and intends to interpret the inner substance, the hierarchy and the potency within this principle. The thesis intends to submit views with respect to this question from the perspectives of the protection of the human dignity and the preservation of the basic rights of the human. Inasmuch, the interpretation of the spirits and the theory foundation under the principle of Double Jeopardy is used for the following research issues in the thesis.
    The third chapter is, based upon Article 24 and Article 26 under the Administrative Sanction Act, to demonstrate the application of the Double Jeopardy principle as to the administrative Sanctions. First, the premises of the No Double Sanction is that the behavior has only single action, therefore, to recognize the numbers of the action is the core conception when applying the principle of the Double Jeopardy. Second, the merge of the punishment may occur between the two administrative Sanctions and between the administrative Sanction and criminal punishment when one single action breaches and violates several laws and regulations at the same time. The thesis will demonstrate the solutions with respect to these foregoing issues and the questions derived therefrom. The main research issue of the fourth chapter is the consecutive punishments prescribed under the administrative laws and regulations. Due to the specific backgrounds of the of the regulations of the consecutive punishment and the specialties with respect to the module of canon and the types of execution, the nature of the laws becomes ambiguous and many issues thereby resulted. Therefore, the thesis intends to propose the perspectives regarding the issues of the laws and the constitution resulted from the consecutive punishment as well as the relationship between the Double Jeopardy and the consecutive punishment by the arrangement of both the theory and the court’s opinions.
    The fifth chapter is the conclusion of this thesis. The substantial parts of each chapter and the result of this research will be summarized into conclusion.
    Appears in Collections:[公共行政學系暨研究所] 學位論文

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