A study of the number of violations against health regulations — focusing on penalties for television advertisement violations

Autor: LAI, YI-CHUN, 賴奕君
Rok vydání: 2019
Druh dokumentu: 學位論文 ; thesis
Popis: 107
The number of television advertisements that have been penalized for violations by Taiwan’s health competent authorities is on the rise. However, administrative authorities and the court have yet to form a unified interpretation of the number of television advertising behaviors, and what standards should be employed to determine the type of television advertisement behavior. Whether consecutive penalties are applicable to a certain type of behavior also requires further exploration. A literature review and induction were conducted in the present study. The results indicated that following J. Y. Interpretation No. 604, the second resolution of the meeting of the presiding judges and judges of the Supreme Administrative Court in November 2009, and the first resolution of the meeting of the presiding judges and judges of the Supreme Administrative Court in October 2016, the Supreme Administrative Court’s determination of number of television advertisement behavior violations has gradually shifted toward a more unified perspective. In addition, administrative authorities are not required to penalize the segmentation of violating behavior when controlling television advertisement violations that are continuously broadcasted. Thus, administrative authorities can consider employing “direct compulsory means or indirect compulsory means,” as mandated by the Administrative Execution Act, to urge the actor to fulfill their obligation while not violating the principle of double jeopardy, a basic principle of countries that practice the rule of law.
Databáze: Networked Digital Library of Theses & Dissertations