A Legal Study of Authority Performing Act of the Police in Taiwain

• Main Authors: Shiaw-Jong Lay, 賴孝忠
• Other Authors: Samuel C.Y. Ku
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/fd356g

碩士 === 國立中山大學 === 中山學術研究所 === 96 === Abstract Since Taiwain''s criminal law and administrative law at his, which the police maintain law and order into the mission area to prevent the harm "to prevent harm" and prevent criminal harm "committed to looking for" two parts, respectively, across the executive and the two criminal Large area, to protect people''s rights and exercise their functions and powers of the police to provide clear standards, Taiwain''s special law enacted as the exercise of police powers "to prevent harm," the task of the Basic Law, therefore, The police duties enforcement exercise of the law is biased in favour of "administrative law", rather than "Criminal Law The police duties enforcement exercise of the law in Taiwain , since localization deviation administrative law, however administrative jurisprudence vast infinite, until now did not have any country to have a complete administrative statute book, only from the administrative law its principle, principle view it, might divide into the basic principle, the administrative organization, the limitations of executive authority, the administrative relief, the administration to supervise 5 big constructions generally, if an administrative legal system should can stand up to administrative law 5 big construction each inspection, only then be able to be called of administrative legal system a consummation Thoroughly by the administrative law framework of Taiwain''s five major exercise of police powers of the basic tenets of the rule of law, administrative law, the legal system of administrative authority, the relief rule of law, the legal system of administrative supervision, analysis and discussion on the following specific recommendations 1, the basic principle of respect by building All entities involved in the exercise of police powers of governance mechanisms and through the expansion of electronic participation in the exercise of police powers for the participation of the legal system. No. 2, in the administrative organization of Taiwain''s legal system does not provide police the exercise of the central competent authority, the future should be amending the law that set. No. 3, the administrative authority in the exercise of Taiwain''s police authority of the executive authorities have not yet set enforcement rules of the future should authorize the executive authorities on the implementation of the technical details of terms of reference set enforcement rules. 4, additional relief in the petition to confirm the design to address the exercise of police powers on the controversial law. 5, in the monitoring through modern technology to make government information more transparent to the people through interactive electronic platform, given the public supervision of the police as the ability