| Summary: | 碩士 === 國立成功大學 === 法律學系 === 103 === The Article 14 of Administrative Penalty Act for multiple people involved in the case of acts in violation of the existing order of clear guidelines , but how that provision should be interpreted to apply , between theory and practice there is still a lot of controversy . In this regard , I refer to the study of The Criminal Code involved in crime , respond explained doubt of Administrative Penalty Act Article 14 , and propose amending the law with reference to The German Violating Order Act and The Austrian Criminal Code which take the function of a unitary Perpetrator system.
Keywords : joint illegal , participation, concept of unitary perpetrator, corporate participation, attempted
In this paper, the problem of consciousness , such as : The Article 14 of The Administrative Penalty Act is able to explain the concept of a unitary Perpetrator based on joint violations of established requirements and participation patterns why , the legal issues involved in penalty and so attempted acts of administrative penalty. In this regard , I refer to The Criminal Code offense to participate in the study and interpretation of the literature on the Article 14 of The Administrative Penalty Act .In the foreign reference, I refer to the introduce of The German “Violating Order Act”of the Article 14 , and thinking of Austria Criminal Code scholars so that I can have a glimpse of a truly unitary perpetrator system.
After discussion, I am willing to recognize the concept of a unitary perpetrator that The Administrative Penalty Act to explain the basis of the Article 14. However, as put an end to the dispute, I think we should remove the statute of joint implementation of the text, and use the class as The Germany Violating Order Act of the Article 14 participation wording of, or reference to The Austrian Criminal Code of the Article 12 reveal different patterns of participation.
Secondly, I believe that meaning of joint implementation is not differentiating participation patterns, and should be read as participants is a joint implementation of The Administrative Penalty Act of the object is seeking penalties of the Article 14 is”. Therefore, the establishment of joint violations of the requirement may invoke the Interpretation of The Germany Violating Order Act of the Article 14 .
At the same time, both the adoption of a unitary perpetrator The Administrative Penalty Act concept perpetrator, I believe distinguish participants' behavior is not necessary, that in principle all those involved should fall within the scope of The Administrative Penalty Act of the Article 14.
Finally, I believe that The Administrative Penalty Act should address the question of the attempt stipulates that the principle shall not be penalized, except the need for the law expressly prescribed, and should clearly stipulate an article such as The German Violating Order Act of the Article 14, paragraph 2, the provisions on “dependency” of , that is required to be at least one constituent elements of behavior deserve, before it is possible to participate in the establishment. In addition, it also refer to The Austrian Penalty Act of the Article 15, paragraph 2, on the level of the constituent elements distinguish participation patterns, and then define the concept through the participation in the attempted exclusion of penalty.
|
|---|
