Property Study of Daily Consecutive Penalty Provision in Environment Laws of Taiwan Region

For the person violating prevention and control measures or has caused pollution, environment laws all set penalty provision. Moreover, for the person still does not improve within limited period, there is daily consecutive penalty provision. For that legal properties of these daily consecutive penalty provisions are administrative order penalty or administrative execution penalty,judicial practice in Taiwan always has different views. The target of ＂daily consecutive penalty＇ is compelling doers to fulfill their obligations or improve illegal state by continuously increasing property burden of obligor. The emphasis is fulfilling future responsibility or improving future,but not punishing the past violations. To realize the target of com- pelling obligor to improve,we should take administrative compulsory execution means. So, for the property of daily consecutive penalty,we should cleady position daily consecutive penalty as administrative execution penalty,and not only its penalty target has difference with administrative order penalty, but also made way and law enforcement focus are different from administrative order penalty.

Cross the chasm from the immediate execution of death penalty to the death sentence with a reprieve --- Interpretation of the ＂not to execute immediately＂

Retaining the death penalty and strict restricting the application of the death penalty is now a basic criminal policy in China, and from the judicial level, the key to the restriction of the death penalty is to study what lenient sentencing discretion the criminal has to constitute ＂not to execute immediately＂ when he has reached the standard of the immediate execution of the death penalty, to cross the chasm from the immediate execution of the death penalty to the death sentence with a reprieve. The basic process of the sentencing is to establish a baseline punishment on the basis of the social harmfulness of the activities of the criminal, and then measure the profits and losses according to the offender＇s personal danger. Therefore, although the social harmfulness of the activities of the criminal reaches the standard of the ＂most heinous crimes＂, due to the existence of the fault of the victim, active compensation for the victim, and the motives of the small blames and other lenient sentencing discretions, the criminal＇s danger has not reached the degree of ＂flagrance＂. Apply the death sentence with a two-year reprieve and even the life imprisonment generally. If there are some strict sentencing discretions, such as ＂the crime means is extremely cruel＂, carefully consider the use of the immediate execution of the death penalty. Under the circumstances of the concurrence of the sentencing, carry on the overall consideration based on the comprehensive measurement of various circumstances of the sentencing.

International Seminar on Criminal Penalty Execution and Human Rights Protection

An International Seminar on Criminal Penalty Execution and Human Rights Protection was held in Kunming, capital of Yunnan Province from November 28-29, 2005. Sponsored by the Chinese Supreme People＇s Procuratorate, the UNDP, the Norway Parliament Administrative Supervisor＇s Office and the China International Economic and Technical Exchange Center of the Ministry of Commerce, the seminar was attended by more than 190 Chinese and foreign representatives from the International Prosecutors＇ Association,