Taiwan Criminal Offenders And The Administration To Make The Boundaries Of The Study

Laws are creations under the concept of maintaining community and living orders. Therefore, regulations established and maintained by laws are formed by external force; they are different from those rules regulated by personal moral or society self-restraint. Nevertheless, how to divide duties of sanctions between criminal law and administrative law? How to define a behavior that deserves punishment meted out by a court of law? Or it is sufficient to just adopt disciplinary measures of administrative powers? Is there a theory that we can adopt when deciding sanction penalty for a behavior? Since there are different sanction systems for criminal illegal and administrative illegal, a criminal should be recognized differently with a administrative offense. Law systems in Taiwan are deeply influenced by Germany and Japan. When it comes to the definitions of a criminal and a administrative offense, scholars tend to adopt German and Japanese systems. However, the systems preferably by scholars in Taiwan are not able to understand the background and meaning behind. They not only cannot specifically define a criminal and a administrative offense, but blur the criminal punishment, administrative punishment and criminal punishment of administration. To clarify the chaos, the author wrote this after some research. The discrimination among The Principle of Nature Discrimination, The Principle of Capacity Nature Discrimination and The Principle of Nature and Capacity Discrimination, the author find The Principle of Nature and Capacity Discrimination are top of the first two, it is an ideal theory. Form the significance of the development and outline of a criminal and a administrative offense, German and Japanese theories stand in two extremes, and Taiwan is influenced by both, therefore, the understanding of a administrative offense is discrepant. To avoid being entrapped to confusion, and to compare with legistration, the connection with administrative punishment law, and the overall view of material law and procedural law, punishments to behaviors against the law are criminal illegal, they are criminals; and those just penalized by administrative punishment, are administrative offense.