Comparative Legal Study and Revised Proposal on Administrative Penalty Act

• Publication Data:2018/12

Abstract

In response to the food safety incident happened in the end of 2014, the Legislative Yuan proposed illegal profits retrieve with amending Article 49-1 and adding Article 49-2 of 《Act Governing Food Safety and Sanitation 》 . Between 2015 and 2016 the 《Criminal Code》 was substantially amended with a view to effectively deprive illegal gains involved in various criminal cases. As a result, one single act might bring on the administrative penalty as well as the criminal punishment. Then it would be crucial to review the related regulations and compare foreign practices and laws to prevent wrongful acts, deprive illegal profits, and deter people from greed, without interfering stringently. To provide possible resolutions, the first chapter presents the issues of this research project, and Chpater two describes the relationships between administrative penalty and criminal punishments. Chapter three focus on the system of deprivation of unlawful profits in administrative penalty, followed by Chapter four discussing the estimation of illegal profits. Finally in Chapter five the conclusion is presented.

Keywords: penalty, illegal profits, aggravated penalty, totalism, netism

* Full text currently only in traditional Chineses

https://www.moj.gov.tw/dl-33714-e960ed55d7eb4f1483133f1b5d0d142c.html

Source : Ministry of Justice.