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題名 兩漢春秋折獄「原心定罪」的刑法理論 作者 黃源盛
Huang, Yuan-Sheng關鍵詞 春秋折獄 日期 2005-06 上傳時間 12-Dec-2008 14:26:19 (UTC+8) 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 關聯 政大法學評論,85,59-132 資料類型 article dc.creator (作者) 黃源盛 zh_TW dc.creator (作者) Huang, Yuan-Sheng - dc.date (日期) 2005-06 en_US dc.date.available 12-Dec-2008 14:26:19 (UTC+8) - dc.date.issued (上傳時間) 12-Dec-2008 14:26:19 (UTC+8) - dc.identifier.uri (URI) https://nccur.lib.nccu.edu.tw/handle/140.119/14168 - dc.description.abstract (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 - dc.format application/ en_US dc.language zh-TW en_US dc.language en-US en_US dc.language.iso en_US - dc.relation (關聯) 政大法學評論,85,59-132 en_US dc.subject (關鍵詞) 春秋折獄 - dc.title (題名) 兩漢春秋折獄「原心定罪」的刑法理論 zh_TW dc.type (資料類型) article en
