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談水土保持管理之幾項法律爭議問題
Journal article   Peer reviewed

談水土保持管理之幾項法律爭議問題

中華水土保持學報, Vol.35(4), pp.353-359
01/12/2004

Abstract

水土保持法;裁罰對象;重複處罰;限期改正;一事不二罰原則;Soil And Water Conservation Act;subject of the punishment;multiplicity of punishment;curing with prescribed time limit;double jeopardy

This article focuses on the three of the most controversial legal issues about the punishment and management of slopeland in the practice, including ”the subject of the punishment”, ”double jeopardy” and ”curing with prescribed time limit”. According to the issues above, the current Soil and Water Conservation Act is not perfect, the administrative enforcement institution and the administrative court also have different opinions about these issues, all this results in a great amount of confusion when enforcing the law. In order to solve the problems in the practice, this article is going to analyze and review the differences between each other, also going to research these issues with administrative law, and to trying to give personal recommendation in order to make the management of soil and water conservation becomes more smoothly in the future.

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