The Disputation between the Jurisdiction for the Order Wearing a Face Mask and for the Penalty during the Severe Pneumonia with Novel Pathogens
According to the Special Act for Prevention, Relief and Revitalization Measures for Severe Pneumonia with Novel Pathogens (following: the Special Act for Severe Pneumonia with Novel Pathogens) which was legislated by Legislative Yuan, the commander of Central Epidemic Command Center (CECC) was authorized with almost unlimited authority by means of the measure law. Additionally, Communicable Disease Control Act was applied crossly. The emergent measures the commander of CECC went beyond the authorization from the laws and might break the nondelegation doctrine. Meanwhile, the pandemic is continued and bares of end. it would be worth to analyze whether the Special Act for Severe Pneumonia with Novel Pathogens which belongs to a temporary legislation for the emergency would be necessary to be valid continually. With the fully authorization from the Special Act for Severe Pneumonia with Novel Pathogens, the local governments appoint the penalty prescription to the police agency. it seems that the police agency became the executive tool for the competent authority and that the doctrine of unchangeable authorization would be broken. it might be a problem with solution for a lang time that the administrative agency lacks execution and it is looking forward to a complete solution.