Exchanges between Taiwan and China across the strait have become more frequent since Taiwan¡¦s abolishment of the martial law on July 16th, 1987, and deregulation of the restrictions on family visit to China on November 2nd the same year. The mainland Chinese people have longed for going to Taiwan to earn a living, and are engaged in illegal activities in Taiwan one after another. Consequently, many are involved in the violation of Article 18 of the Act Governing Relations Between The People Of The Taiwan Area And The Mainland Area, and hence detained. Detention is a transient measure that prevents the persons concerned from escaping from deportation by constraining their personal freedom, rather than a punitive measure. But due to the lack of a comprehensive mechanism for detention, detention centers are administered individually by different administrative agencies. In some occasions, extended detention is like taking the detained person into custody, and even without a definite term of detention. This poses a serious harm to Taiwan¡¦s human rights image. Therefore, in this essay, the author reviewed the regulations and mechanism, as well as the current practices and status of detention in the mainland Chinese people on the basis of the five frameworks of administrative laws: Basic Principle, Administrative Organization, Administrative Competence, Administrative Remedy and Administrative Supervision, and by means of literature review, comparative analysis and historical induction. Recommendations are also made for the existing regulations and mechanism, in an expectation to achieve more comprehensive detention administration.

Under the idea of ¡§Land ownership means wealth ownership¡¨, people believe that owning land is the ultimate symbol of wealth. Area of Taiwan¡¦s state-owned land goes up to 3.6 million hectares. Government agencies at all levels that require official or public use of land must apply for appropriation of the public land, which creates fewer disputes. This is not within the scope of this study. The rest of the non-public land would be treated in accordance with the provisions of Article 53 of the State-Owned Property Law, whereby ¡§The vacant house and land belonging to non-public use property shall be sold by tendering, if no predeterminated purpose.¡¨ However, after the land value skyrocketed due to cases of land auction, the public gradually became concerned with whether the state-owned land auctions are driving up the land prices. According to the principle of public land management and process, it expressly states that state-owned land is ¡§for rent only and not for sale¡¨. However, there are many exceptions, causing the current state-owned land policy to be still primarily auction-based. Therefore, there is still room for discussion regarding the impact of the ¡§for rent only and not for sale¡¨ policy on the development of the state-owned land. ¡@¡@ However, we are currently faced with limited resources and infinite demands, while the government regards land tendering as one of the optimal operating methods. Strengthened management for issues such as illegal occupation and idleness of state-owned land should thus be simultaneously implemented considering the rare and irreplaceable nature of state-owned land resources. As a result, in conforming to the principles of making reasonable and optimal adjustments in the utilization of land resources, this study explored the domestic state-owned land management system within the administrative law frameworks and examined whether any amendment is required. The ultimate aim of this paper is to examine the problems one by one under the five major frameworks: basic principles of the administrative law, administrative organization, administrative authority, administrative relief, and administrative supervision, while providing a discourse and analysis of the existing system. Concrete suggestions were then given to correct the existing state-owned land management system in Taiwan, in an attempt to provide a standard for policy makers or for administrative agencies when setting administrative rules.

京都大学 / 0048 / 新制・課程博士 / 博士(経済学) / 甲第21410号 / 経博第585号 / 京都大学大学院経済学研究科経済学専攻 / (主査)教授 黒澤 隆文, 教授 渡邊 純子, 講師 IVINGS Steven / 学位規則第4条第1項該当 / Doctor of Economics / Kyoto University / DFAM

This research asserts that all the government agencies must abide by law in the exercise of public authority in democratic society. This research is developed based on the view of administrative laws, under the Five Frameworks of The Administrative Laws¡XPrinciples of Sexual Harassment Prevention Act, Administrative Organization, Administrative Power, Administrative Relief and Administrative Supervision. Scholars from all over the world and organizations of public and private sectors have been endeavoring in research of sexual harassment prevention and attempt to put forward possible solutions. As one of the law enforcement officials, the researcher believes that it¡¦s an inescapable duty to see into this issue seriously. The scope of application, rights protection and relief methods of relevant laws should be defined clearly. Thus, it will relieve the trauma of those who suffer from sexual abuse, find proper solution and minimize the damage. The methodologies this research adopts are Comparative Analysis, Literature Studies and Induction Research. The preliminary chapters define the ¡§Sexual Harassment¡¨ and its relevant laws, introduce the three laws stipulated against sexual harassment¡XGender Equality Education Act, Gender Equality in Employment Act and Sexual Harassment Prevention Act. Further, the identification of sexual harassment and its lawful application, the problems which existing laws confront are discussed in the following chapters. Consequently, for those unsolved problems, this research wishes to bring forward concrete suggestion for the legislators, under the five aforementioned frameworks, as reference to amend existing laws and regulations in the future. Sexual harassment is by no means a single problem, but a collective issue of politics, society, economy, power/rights, gender and social classes. Therefore, the civilization and progress should be founded on the fair treatment of genders and protecting victims¡¦ legal rights. The attitude we take towards the gender issue will deeply impact our life and quality of human rights. To pay back the victims with the justice, create an equal genders environment will rely on the awareness of equality and attitude of life one builds up.