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Research on Legal System of Taiwan Existing Public Security Fund Integration FeasibilityHuang, Chia-Sheng 10 August 2011 (has links)
In 2007, the Legislative Yuan enacted Act for Establishment and Management of Safety Fund for Police; Fire fighting, Coast Guards, Immigration, Airborne Service Personnel, And Assisting Civic Force (hereinafter referred to as Act for Management of Fund for Police and Civic Force, and Immigration Agency revised the Act on December 30, 2009). In consideration of modern democratic country under the rule of law, the Legislative Yuan depends on legislative procedures to manage policy on a legal basis, implement administration in accordance with law, improve administrative efficiency, accomplish social justice and safeguard rights and interests of the people. However, the police implement laws on behalf of the country, if its own applicable laws and regulations are out of accord with the times or fail to keep up with the times, troubles and disputes will be caused, and the welfare and rights and interests of internal colleagues may be damaged as well, even the prestige of government will be impacted. Therefore we must avoid this situation and also take care about the entire possible situation.
Relevant sub-measures and administrative rules that the Ministry of the Interior authorized administrative authority to formulate in accordance with Act for Management of Fund for Police and Civic Force, including Regulations on the Establishment and Management of Safety Funds to Police Officers/Fire-Fighters/ Coastguards/Crewmen/Immigration of National Airborne Service Corps and Members of Volunteers Forces, Regulations Governing Issuance of Safety Funds to Police Officers/Fire-Fighters/Coastguards/Crewmen/Immigration of National Airborne Service Corps and Members of Volunteers Forces, as well as Provisions for Criteria of Civilian Labor Force Recruited by the Police and Fire Bridges; Maritime/Coastguard/ Immigration/Aviation Agencies, have been stipulated and published on records in accordance with legal operation procedures. Through investigation, there are as many as 7 funds administered by law enforcement office currently (hereinafter referred to as public security funds. It always seems to be overlapped, if orientation integration can be realized, it will save manpower and time, avoid from wasting of resources, prevent against malpractice and create the largest benefits. This is the research motive of this paper.
This paper sticks to basic theory of administrative law - five major frames of principle, organization, limits of authority, relief and supervision as main discussion foundation. According to the research, based on analysis of five major frames of administrative law and due to different properties, Chinese existing public security funds can be divided into "government trust fund", "public and personal juridical person fund" and "non-operating special fund", in addition, they are different in central and local area, issuance conditions and objects, so the situation is quite complicated. If the integration is forced to carry out, it is possible to violate the law and cause rebound. If each foundation declares to dismiss by itself and return the surplus capital to national treasury, sufficient reasons will be required. Only for "relief fund for police and fire fighting personnel", the Executive Yuan shall be entitled to make resolutions of merger and dissolution at any time in accordance with the stipulations of Criterion of Special Fund Management of Central Government and Principle for Non-operating Special Fund Existence of Central Government. But taking many factors into account, it may be a fruitless approach to implement merger or dissolution in the short run.
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