To Probe into the Penalty Laws of Construction Engineering

[[abstract]]營建工程包括以下階段：可行性階段、規劃階段、設計階段、發包階段、施工階段到專案完成，因過程其複雜且牽扯到的工程角色眾多，法律規範之約束相對的就多，因此本研究從全國法規資料庫搜集營建工程之相關法規去做罰則輕重排序，罰則因有刑罰以及行政罰之分，所以從刑罰如死刑、無期徒刑、有期徒刑、拘役、罰金開始排列，最後為罰鍰。接著針對其罰則條文內容去套入工程生命週期階段，再把處罰之對象一一列入工程生命週期，最後去分析不同法規之法條中有相同行為，可是處罰卻不一樣的情況，以影響層面之生命財產安全、權益跟營業、執業範圍去分析是否有合乎合理性。 研究結果顯示，從16種相同行為，可是各法之罰則處罰不一之情形，抽取3種行為各別去分析，分析結果為3種行為裡就有2種行為其各法之罰則不合理，顯現出目前現行營建工程法規罰則與本研究之觀點是有落差的。[[abstract]]Construction engineering includes the following stages: feasibility stage planning stage design stage contracting stage construction stage to project completion Because the process is complicated and involves many engineering roles there are relatively more legal constraints Therefore this study collected the laws and regulations concerning construction engineering from Laws and Regulations Database of the Republic of China to arrange the order of penalties according to their severity Penalties include criminal penalties and administrative penalties The order was arranged from criminal penalties like death penalty life imprisonment imprisonment detention fines to fines The engineering life cycle was applied to the provisions of penalties and the punished objects were included into engineering life cycle one by one Moreover analyses were performed to investigate if different penalties are imposed to the same act in different laws and regulations The affected aspects like life and property safety and rights and benefits operation and scope of practice were used to analyze if such a phenomenon is reasonable The results showed that the different penalties and punishments are imposed to 16 similar acts in various laws 3 of the 16 acts were selected to perform analyses The analysis results showed that the penalties imposed to 2 of 3 acts in various laws are unreasonable revealing that there is a gap between the penalties of current construction engineering-related laws/regulations and the perspective of this stud