| Summary: | 碩士 === 中原大學 === 財經法律研究所 === 105 === There are a number of professionals and technologists which we recognized, at the same time with a civil servants and professionals and technologists dual qualification, this article known as public technical staff. Taking the public physicians, public lawyers, public accountants, public office architects as a typical representative. In the case study, in the case of the little girl CHU''s case and AIDS organ transplant, it was observed that the risk of public physicians was not only the civil and criminal liability caused by medical disputes, but in the administrative responsibility, the public physicians could bear the legal systems in the discipline of civil servants and the risk of professionals and technologists responsibility. When the public practitioner is also subject to the legal systems in the discipline of civil servants and professionals and technologists, the two punishment between the punishment and punishment, whether the violation of a line of two Jurisprudence, the law is not clear, worthy of study.
By means of literature analysis in order to discuss the issue of disciplinary punishment of the legal systems in the discipline of civil servants and professionals and technologists. And return to the study of the basic norms and the disciplinary system of the legal systems in the discipline of civil servants and professionals and technologists. In the discipline of civil servants, according to the civil service disciplinary law for the illegal dereliction of duty, the relationship between public service and loyalty is the basis of the modern civil servants disciplinary action. On the other way, the legal systems in the professionals and technologists, because of the high degree of professional knowledge and skills, high degree of self-discipline and other characteristics than the general occupation, professionals and technologists violate their obligations in occupation, Autonomy principle, to give professional groups involved in supervision of the same industry, with the implementation of disciplinary authority.
The legal system in the discipline of civil servants is defer from the professionals and technologists, but does not affect the comparison between the two penalties. We should still have to be applied to a function of the law is not punished, the principle of proportion operation. Therefore, this article will focus on the two disciplines of the legal interests, norms and penalties of the means of discussion, trying to integrate the association between the legal systems in the discipline of civil servants and the professionals and technologists, and the benefit of the principle of double jeopardy.
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