Due to the great change of Taiwan social environment, values are seriously distorted. Many adolescents would gather together at holiday nights for dangerous driving on road (racing) which not only causes gridlock on road and interferes traffic seriously, what¡¦s worse is these youths even attack the public, police officers on duty and related competed agency with force. This behavior not only violates legal regulations but damages social security severely, threatens citizens¡¦ life, body and property safety. Since the role of police officer serves as the function of social security maintenance, to clamp down and hold back dangerous driving is one important segment for the exercise of police powers. The exercise method of police powers in Taiwan has been reformed greatly due to the change of political and economical situation. During Martial Law Period, to meet the demand, this nation conferred authority on police officers to great extension. The nature of duty enforcement also belonged to regulation, clampdown, and penalty with compulsive implementation upon enforcement. However, the delegation scope pursuant to law is unspecific and the requirement of enforcement is general, human right violation controversy is often occurred. Till Interpretation of Shih-Zih No. 535 made by Grand Justice of Judicial Yuan, police authority then faces the importance of administrative procedure and is able to step forward to a country of nomocracy. With the promotion from all circles, ¡§Act of Exercise of the Police Powers¡¨ of Taiwan was effected on Dec. 1, 2003, herein not only regulates specifically the definition, function of power limits and implementation method of police officer, it also stipulates the practical measures of civil rights adopted for police powers exercise in proclamation to demand police officers to be in compliance with principle of proportionality while exercising authority. It also bestows the legal basis on police powers exercising that can look after both the insurance of human right and the maintenance of police safety which really possesses groundbreaking meaning of a time. Only that whether the formulation of the said act in practical really indicates the dangerous driving prevention legal system of police officers has already achieved its perfection worth the further research and exploration by this study. Administrative law is deep and profound as well as extensive and infinite and hasn¡¦t formed a complete administration law till now. Only that with observation from the method and principle of administrative act, it can be divided into five main structures of Basic Principle, Organization Framework, Limit of Administrative Rights, Administrative Relief, and Administrative Surveillance. Any administrative legal system pursuits to achieve its perfection, it then shall be analyzed by the five main structures of administrative act. Therefore, the five main structures of administrative act serve as the center in this study to examine the dangerous driving prevention legal system of police officer and review the practice method of police authority and compare to current relative decrees and regulations, expecting police officers can work out the problems concerning to the requirements of power exercise and procedure and to be advantageous to the reinforcement of dangerous driving prevention. Under this pattern of thought, this study tries to examine all systems upon dangerous driving prevention and clampdown of Taiwan police officers from the angle of administrative act with the said five main structures of administrative act basic principles as the research method in this study. The main frameworks of this study are divided into seven chapters respectively: Chapter 1 Introduction To bring forth the dubious interpretation of current dangerous driving prevention reinforcement by police authority firstly to explain the research motive, purpose, research scope, limits, research method, framework, the determination of related terms, and so on. Chapter 2 The Basic Principle of Dangerous Driving Prevention Legal System of Police Officer. To interpret the concept and definition of dangerous driving firstly and then bring forth the cruxes in reality and data analysis against the four aspects of society with actual phenomena, economy with most appropriate adjustment, politics of interrogation and legal system of decrees and regulations to make us understand the establishment background of dangerous driving prevention legal system of police officers. And further to compliment with Japan dangerous driving prevention system, the analysis of international aspect to adopt the successful experiences of dangerous driving prevention in foreign countries; and then explore the nomocracy of dangerous driving legal system of police officers from the angle of three principles of administrative act and seven principles of procedure justices to discuss the related legal basis and regulations concerning police power exercise; and finally explore the participation of relative parties of dangerous driving prevention legal system of police officers, expecting to assist police officers in the reinforcement of dangerous driving prevention with the participation of the public to make the dangerous driving prevention legal system more complete. Chapter 3 The Organization Framework of Dangerous Driving Prevention Legal System of Police Officer To explore current central and local police administrative organization to deep understand the problems of organization framework, personnel system and fund budget of police authority, expecting to establish complete organization framework for the advantages of practical operation of dangerous driving prevention of police authority. Chapter 4 The Limit of Administrative Rights and Implementation of Dangerous Driving Prevention Legal System of Police Officer Traditional clampdown with penalty and other administrative actions exempted from high power type are included. The types and meaning is to be explored against the regulation items of seven ¡§Administrative Procedure Law,¡¨ including Administrative Investigation, Administrative Plan, Administrative Legislation, Administrative Penalty, Administrative Contract, Administrative Instruction, and the insurance of Administrative Duty Reinforcement that is helpful for the clear-up of the requirements and procedures of police power exercise. Chapter 5 The Relief and Solutions to Problems Arising from Dangerous Driving Prevention Legal System of Police Officer According to the different categories of agency receiving relief procedures, they can be divided into the administrative relief within and outside administrative system. Start from the relief system of compliant, declaration against different opinions and petition; and then discuss the administrative suit system outside administrative system; and then continue to compliment other relief ways of petition and pleading; and finally to explore national compensation, constitute interpretation and public vote one by one to cover all surveillance rights of people in details. Chapter 6 The Administrative Surveillance of Dangerous Driving Prevention Legal System of Police Officer Due to quality and quantity changes of modern country administration, the necessity of administrative control increases day by day. Complete administrative surveillance legal system consists in exploring the supervising system of inspect, supervise, political affairs and sales within police authority and outer supervising system of power, the public, opinion and social groups. With the supervising function of administrative surveillance to expect the work of dangerous driving prevention of police officer would meet the demand of nation, society and people in the respects of legal system and effects. Chapter 7 Conclusion and Suggestion To bring forth problems discovered after research and propose suggestions for improvements against dangerous driving prevention for the reference of police officers upon the reinforcement.

The implementation of the stop-and-frisk duty of the police is extremely closely related to the intervention of people¡¦s freedom of action, privacy and moral integrity right. In the past, the basis of law for the fulfillment of the stop-and-frisk duty by the police authorities was only the ¡§Regulations of the Police Duties.¡¨ Nevertheless, the Regulations contained no content of the objective for initiating the stop-and-frisk duty, the stop-and-frisk procedures and the means of relief. The Regulations only mention the term of stop and frisk, but lack the soul and body of stop and frisk. Based on the term of stop and frisk, the police always legitimized the enforcement of many banning acts, such as searching the house of a citizen in the midnight in the name of fulfilling the stop-and-frisk duty of the household. Similar behaviors were frequently found, thus creating many complaints from the citizens. After the chancellor of Judicial Yuan made an explanation of Shih No. 535, a lot of feedbacks from the police were undoubtedly created. To Taiwan, this is a great leap in marching towards a country under the rule of law. It has made the police authorities understand the importance of administrative procedures, and urged the birth of ¡§Act of Exercise of the Police Powers.¡¨ In the new Act, the behavior of stop and frisk is replaced by the term ¡§checking of identity.¡¨ A local scholar, Wu Keng once mentioned that ¡§stop and frisk¡¨ had been abolished and not been used. However, is it the fact? This paper is going to investigate the issue. Besides, does the constitution of the Act mean that the stop-and-frisk legal system is sound enough? This is another issue worthy of studying. Due to the vastness and un-limitedness of Administration Act, there is no country in the world having a sound and complete Administration Act. Nevertheless, viewing at the theories and principles of Administration Act, it can be generally divided into five main structures: basic principles, administrative organization, limit of administrative rights, administrative relief and administrative surveillance. If an administrative legal system is fearless to receive the examination based on each item of the five main structures of Administrative Law, it can be called a sound and complete administrative legal system. Another local scholar, Li Chen-Shan thinks that the separation of criminal law from Administration Act has led to the division of the police¡¦s mission of maintaining public security into two parts: ¡§prevention of harm¡¨ and ¡§criminal arrest,¡¨ which prevents the administrative harm and the criminal harm respectively. While they cross over the administrative area and the criminal area, stop-and-frisk duty belongs to an administrative behavior. Since it just belongs to the ¡§prevention of harm,¡¨ it should be regulated by the theories and principles of Administration Act. Therefore, this paper takes the stop-and-frisk legal system of police officers as the main body of the study. From the viewpoint of the science of law, this paper employs the abovementioned basic theories of Administration Act, i.e. the ¡§five major structures¡¨ of administrative principles, administrative organization, limit of administrative rights, administrative relief and administrative surveillance, as the research approaches of the study to examine the stop-and-frisk system of the police officers of Taiwan. Under this mode of thinking, the study is divided into seven chapters. Chapter 1 is Introduction, which firstly raises queries over the practice of fulfilling stop-and-frisk duty by the police authorities, and then introduces the motives, objectives, research approaches, research area and research structure of the paper. Chapter 2 is Basic Principles of Stop-and-Frisk Legal System, which firstly reviews the basic concepts of the two terms, the police and stop and frisk, and then investigates the background for the constitution of stop-and-frisk legal system. In this chapter, substantial information from the social aspect of the practical phenomena, the economic aspect of the optimal adjustment, the political aspect of negotiation and compromising, and the legal aspect of acts and regulations, is presented, enabling us to have a deeper understanding of the practical phenomena of stop-and-frisk legal system. After that, the chapter analyzes and compares the international aspects of the stop-and-frisk legal system of three countries, Germany, Japan and the United States, so as to take them as the references for the improvement of local legal system. Then, the chapter investigates the concepts of the rule of law of stop-and-frisk legal system, as well as the nature of stop and frisk from the angles of the three administrative principles according to laws and the seven principles of procedural justice. Finally, the chapter explores the relationship between stop-and-frisk legal system and the participation of the parties concerned. It is hoped that through the participation methods of the parties concerned, the stop-and-frisk legal system can become more sound and complete. Chapter 3 introduces the administrative organization of stop-and-frisk legal system by starting from the organizational structure of the existing police organization, and then investigates the organizational structure of the police authorities, staff on duty (including the assistants on duty), the budget and other problems. It is expected that a complete organizational structure can be formed to achieve a smooth operation of the stop-and-frisk practices of police officers. Chapter 4 discusses about the design and use of the limit of the rights of stop-and-frisk legal system. The chapter investigates each item stipulated in Administrative Procedure Act,¡¨ including the administrative plan, administrative legislation, legislative punishment, administrative investigation, administrative agreement, administrative guidance and the fulfillment of administrative obligations, hoping to make a comprehensive investigation of the limit of the stop-and-frisk rights. Chapter 5 introduces the relief and problem-solving measures of stop-and-frisk legal system. There is an ancient saying about law, ¡§Where there is right, there is relief.¡¨ This chapter firstly mentions the right of dissent, and then discusses about the issues of pleading, administrative lawsuit, national compensation, compensation of loss and referendum, intending to cover every detail of the rights of citizens. Chapter 6 talks about the administrative surveillance of stop-and-frisk legal system, and investigates the internal surveillance mechanism of the police authorities themselves and the external fair surveillance mechanism of the third parties. It is hoped that the surveillance mechanisms can meet the national and public requirements, no matter from the legal facet or the practical facet. Chapter 7 is the Conclusions and Suggestions, which synthesize the researcher¡¦s discussion of the five main structures of Administration Act. Over some specific items of the existing stop-and-frisk legal system of the police officers that need to be revised or deleted, the chapter proposes concrete suggestions, which can be a reference for the police authorities in exercising their powers, and working on the goals of building the administrative standards of Taiwan according to law, and improving the legal image of Taiwan under the rule of law.