| Summary: | 碩士 === 玄奘大學 === 公共事務管理學系碩士在職專班 === 94 === Because of some restrictions or other personal reasons, illegal foreign labors who are accepted by force are unable to be released, even after their incarceration period expires. In respect to depriving personal freedom, accepting by force is one kind of detention, and actually is as good as detention.The administrative procedure law ensures people's basic rights and interests to be unlikely to receive the unlawful infringement of the government's administrative interference. However accepting by force is a behavior when country is on the basis of special right relation, its reason lie in that objectively it is difficult to open clearly, moreover to get rid of. It leads the illegal foreign labors which are accepting improperly to not only have no system which fit in with constitution of human rights like legislative spirit’s one matter without two fin, judge’s getting involved inquisition and prison term’s rebating and etc., but also have unreasonable cumulative punishment about double criminal and administrative fine.
The important document of ' accepting illegal foreign labors by force ' should have laws to stand on. And between the method of accepting by force and with want to reach the purposes of repatriating foreigners to departure, it should conform with proportion, appropriateness and harmony to consider for principle, and give the rights of stating opinions with proper procedures and holding court. Breaking the law or improper measures of accepting by force, besides depriving the personal freedom of accepted illegal labor, moreover, it will lead the international community to criticize our country’s violating human rights, and cause the negative influence on the international social status of our country. This research either analyze and compare the difference between the internal, overseas and other measures of similarly restraining the personal freedom, and our country’s system of accepting illegal labor by force, or make a self-criticism of our country practical administration if being corresponding to human rights principle and proportion value, it should make a fully self-criticism on the system of coercive accepting illegal foreign labors. To use to promote the administrative behavior of our country’s accepting illegal labor by force to achieve more perfect purpose.
|
|---|
