Duties and Powers of the Coast Guard Authority to the principle of rule of law in Taiwan

• Main Authors: YI-TIEN TSAI, 蔡宜恬
• Other Authors: CHEN-YO CHOH
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/11360492818787364078

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 100 === Abstract To maintain the order for Taiwan marine and coastal areas as well as ensure national safety, our country established the maritime authority with specific tasks, the Coast Guard Administration, Executive Yuan, which is identical with police authorities and both of them belonged to our order maintaining administrative institutions which possess functions like missions in maintaining the law and order, preventing from endangerment and curbing the illegal transgressions. Therefore it must be constrained and inspected by following the principles of Rechtsstaat. The establishment of thoughts for Rechtsstaat can be traced as far back as ancient Greek era. During early 19th century, the liberalism ideas gradually matured which provided the Rechtsstaat thoughts with development architecture. The principles of Rechtsstaat must act accordingly to the constitutional norms and the court has the right to supervise the national power operation, rendering the executive rights under the constraints by law. As for cases like if the nation or civil servants violate the law, they must be held judicially responsible which allows the judicial supervision effectiveness be existed everywhere in addition to check and balance the executive power. Therefore under the principle of Rechtsstaat, it is a right-protection system which treats human dignity as the absolute foundation; moreover, it is also the ultimate core value as well. Under the realization for the principle of Rechtsstaat, the establishment for and exercising of the power by our coastal guard authorities naturally are under the constraint of organizational and legal principles and the principle of law-abiding administration. Therefore in order to ensure a Rechtsstaat in substance and allow the realization for people basic human right, it must rely upon the relevant norms of procedural laws so that to achieve the protection for the right relief. Suppose the behavior of national aggression has already rendered with the results of aggression, hence, in order to carry out the basic human rights protection for the people, the nation should be held liable. Thus, in order to ask the Coastal Guard Administration which is tasked with order maintaining function be held responsible for people safety as the obligation in addition to respect and protect people liberty rights, there should be exploration in addition to adjustment be made as opposed to the law enforcement authorities and related issues so as to match to the requirements of maintaining national safety for Coastal Guard Administration, and ultimately, fulfill the mission of protecting people’s rights. Key words：Rule of Law、The principle of rule of law、Maritime Law Enforcement、Administrative relief、Administration according to law