頁籤選單縮合
題 名 | 兩漢春秋折獄「原心定罪」的刑法理論=The Criminal Law Theory of the “Chunqiu Jueyu” Case Decisions in the Chinese Han Dynasty |
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作 者 | 黃源盛; | 書刊名 | 政大法學評論 |
卷 期 | 85 民94.06 |
頁 次 | 頁59-132 |
分類號 | 587.1 |
關鍵詞 | 春秋折獄; 原心定罪; 主觀與客觀; 董仲舒; 誅心論; Chunqiu Jueyu; Judgment by initial motivation; Subjectivism and objectivism; Dong Zhong-shu; |
語 文 | 中文(Chinese) |
英文摘要 | "The line of demarcation between the concept of indirect expropria-tion requiring compensation and governmental regulatory measures not requiring compensation is difficult to draw. Several recent free trade agreements classify expropriation to include measures which have simi-lar effects; none, however, provides a clue as to when a regulatory measure is tantamount (or equivalent) to expropriation."" A measure tantamount (or equivalent) to expropriation"", then, could be any gov-ernment measure adopted for a legitimate purpose as part of the host state's police powers. The most controversial issue surrounding the po-lice power exception arises from the fact that neither international nor domestic law offers a comprehensive and widely accepted grounding for identifying its nature or scope. To date, two recent free trade agree-ments, the U.S.-Singapore and the U.S.-Chile Free Trade Agreements, provide specific guidance on how to determine whether or not the exer-cise of regulatory powers by a host country is to be regarded as a com-pensable expropriation. However, the debate has yet to be settled and is likely to continue as new cases and questions arise." |
本系統中英文摘要資訊取自各篇刊載內容。