| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 99 === The electoral system is characterized of democratic countries while the exercise of voting right is the system that specifically practiced democratic society, and the right protected by constitution. The democratic development is different from each other in the background of politics, culture and history but as far as prisoners who were deprived public rights are concerned, they were abandoned people forever.
In the past punishment, those prisoners are isolated not only by towering wall of prisons from outside society but also by an invisible punishment, to deprive them of civil rights, which means to deprive those prisoners' rights of attending political rights, However, both experts and scholars think that it is against for the correct purposes and the voting rights protected by the constitution. Besides, there is a problem making prisoners return to the normal society. Judging from the Explanation 653 and 654, those rights are of great value to prisoners and the range after the correction of the deprivation rights of the criminal law was shorten. Therefore, the prisoners are supposed to implement their voting right during the period of prison.
In spite of correcting institute that implements, not all prisoners should accept the announcement of depriving public rights to lose the attending politics opportunity but prisoners are never given the voting right.
A lot of prisoners decided to sue the court for their deprivation of voting right and they won it.In many foreign countries, voting right for prisoners had been highly protected. And those countries devised a system that was called voting permanent residence to protect people who can not vote.
An issue that was once discussed was the system of without permanent residence is the past several evections of Taiwan's society and those prisoners were involved into the targeted people. However, it has broken off because of the discontinuous session.
Nowadays, our democratic system and electoral affairs have developed well, The thesis will institute the voting type that meets prisoners' expectations by the foreign experience of without permanent reisdence and unique culture of penitentiary surroundings to establish a hope for protecting basic rights of constitutional protection
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