| Summary: | 碩士 === 國立高雄大學 === 法律學系碩士班 === 103 === This paper makes a distinction between no double sanction principle and Protection against double jeopardy principle in order to discuss their differences or similarities. Generally speaking, the two concepts are often mixed up on the theory and practice of administrative law.
Protection against double jeopardy principle, which originates from criminal law, one behavior should not be punished twice or over. However, no double sanction principle indicates that a state is not able to enforce repeatedly the same or similar sanction on people for one behavior.
No double sanction principle explicitly prescribed by Administrative Penalty Act, resulting in that no double sanction principle includes the essence of Protection against double jeopardy principle. When it comes to single behavior, it can be divided into single act of nature and single act of law as the foundation to solve all problems according to Taiwan and Germany law .
We can extend the discussion of no double sanction principle by distinguishing between Administrative Penalty and The Administrative Execution, and comparing administrative law and criminal law.
In modern society, traffic is close to our daily lives. Administrative of traffic has become essence of administration , so it seems to become more important to research violation and penalty of traffic management. This paper on the basis of protection and restriction of the basic right of traffic tries to research common types of traffic violations such as speeding, parking violation and drunk driving, discuss their substance and examine whether they applies to no double sanction principle , and analyze verdicts of speeding and overloading for the purpose of summarizing a conclusion to provide suggestions for amendment.
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