Human right protection is a trend all over the world. Nowadays, there¡¦s no country that implements democratic constitution doesn¡¦t take Constitution as the basic regulation for human right protection, expecting to achieve the goal of protecting human right with the implementation of constitutional government. However, does human right receive absolute protection? Should conflicts occur between public interest and private interest, based on the consideration of public interest, restrictions shall be imposed on private interest. Fighting crimes to establish a society of justice, then there can be space created for individual basic rights. As progresses of the times and advancements of technology, techniques in collecting criminal evidences are renewed constantly. The more advanced high tech crime investigating instruments would have the greater inclination to violate people¡¦s rights. Although the society can¡¦t exist without controls to certain extent, an individual can¡¦t survive without freedom to certain degree, either. Communications surveillance, though a keen weapon applied to criminal investigation, would unavoidably clash with the maintenance of individual rights. High tech monitoring of communications surveillance would inevitably infringe upon personal privacy. As our society changes and develops rapidly, there¡¦s room derived for advancement and development concerning the delimitation of human rights protection and associated concepts. It¡¦s hoped that the problems dwelling in the legal system of communications protection and electronic surveillance of Republic of China can be examined based on administrative law, by means of its five frameworks, namely, basic principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision. Furthermore, it¡¦s expected that practical suggestions against items required improvement in existing legal system can be brought forth herein pursuant to the discourse of five major frameworks of administrative law mentioned hereinbefore to make the legal system of communications protection and electronic surveillance more sound and complete.

The principal tasks for police officers aren¡¦t beyond the scope of ¡§Society Security¡¨ and ¡§Traffic.¡¨ However, police authorities used to attach greater importance to social security than traffic in the past and were unaware of the harmfulness generated from traffic problems. The casualties as well as property loss resulting from traffic accidents are not less than and go even farther than that of social security (criminal) cases in fact. For traffic problems didn¡¦t receive deserved attention, domestic traffic security and order weren¡¦t improved for so many years. Among which, drunk driving constituted one of the major causes for traffic accident fatalities. Therefore, drunk driving enforcement becomes one of the major tasks for police officers upon traffic law enforcement. Owing to the lack of initiation requirements, execution procedures, and relief measures for drunk driving, necessary inspection and regulation upon communications and other equipments, and control district delimitation, ¡§excessive enforcement¡¨ and ¡§excessive control¡¨ then occurred frequently and public complaints were therefore incurred repeatedly. To prevent tragedies caused by drunk driving and decrease social problems derived consequently, we shall make observation in aspects of society, politics, economy, and legal system as well as consult and deliberate in the advantages of other countries to remedy defects. The final conclusion shall be made after being examined from aspects of administrative organization, personnel system, fund budget, and the design and application of limitation of administrative power, with proper rehabilitation by means of administrative relief, and further monitored by the internal and external control mechanism of administrative supervision. The complete and practicable suggestions produced accordingly can therefore provide well-established laws and decrees for police officers to follow pursuant to the system and can accomplish tasks according to law, reason, and feeling in handling measures, and therefore gain instant result upon the law enforcement of drunk driving. Police officers¡¦ power and prestige in duty execution then can be established and people¡¦s rights can be protected as well to effectively prevent the occurrence of drunk driving accidents. It¡¦s hoped that the problems dwelling in the legal system applied for drunk driving enforcement of the Republic of China can be examined and found by administrative law, with the five major frameworks derived from which, namely, basic principles, administrative organization, limitation of administrative authority, administrative relief, and administrative supervision. And it¡¦s further expected that with the discourse of administrative law¡¦s five major frameworks mentioned above, specific suggestions against the items required for reformation in existing legal system can be brought forth to provide solution or reference for legislative agency in future legislation, establish complete legal system of drunk driving enforcement by police officer, and therefore improve the image of the Republic of China as a country ruled by law.

As it¡¦s proclaimed in Article 14 of Constitution of the Republic of China that ¡§The people shall have freedom of assembly and association,¡¨ the government shall stipulate associated laws to protect people¡¦s freedom to exercise the said right. However, since the practice of Constitution, owing to political environment, the constitution of laws guaranteeing people¡¦s freedom to exercise the right of assembly and parade had been delayed for a long time. Assembly and Parade Law was not promulgated until Jan. 20, 1988 after the martial law declared to be ended. Hence, people can claim the right of assembly and parade and police authority can execute tasks regarding order maintenance accordingly. Nevertheless, the said Law was stipulated under the time and environment that the concept, ¡§Value Society Security above Human Right¡¨ being purposely reinforced. Therefore, controls over people¡¦s basic rights still remained therein. Though Assembly and Parade Law was amended twice and supported by Interpretation of Shih-Zih No. 445 made by Council of Grand Justices, there seemed no changes made on the entire regulation and the shadow of controlling still existed. Therefore, unceasing criticism was generated arguing that it is violation of Constitution. As a result, it¡¦s essential to make a research on how to formulate the legal system of assembly and parade that will ¡§protect people¡¦s freedom of assembly and parade¡¨ as well as ¡§maintain social orders.¡¨ The legal system of assembly and parade of Republic of China is examined herein by the basic methods of administrative law, namely, the five major frameworks, including administrative principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision from every respect and viewpoint. Meanwhile, bibliography exploration, historical narration, comparative analysis, and generalization analysis are adopted as the principal research approaches to explore whether there¡¦s any improvement required regarding ¡§Legal System of Assembly and Parade¡¨ on the basis of five major frameworks of administrative law. Additionally, practical implementation and suggestions for regulations and actions concerning future assembly and parade are hereby provided to achieve the goal of protecting people¡¦s freedom to assemble and parade and maintaining social orders as well. With the exploration by means of five major frameworks of administrative law, the assembly and parade legal system of Republic of China has formed the prototype as that of countries ruled by law. However, problems such as inappropriate system design, incomplete decrees and laws, uncertain legal concepts and unclear meanings as well as rigid adherence to bureaucrat system still remained in the existing legal system of assembly and parade of Republic of China. As a whole, restriction exceeding protection is also the major cause generating criticism against the legal system of assembly and parade presently. Under this condition, it would result in endless ¡§Police-Civilian Conflicts¡¨ emerged upon assemblies and parades and even the freedom and right that people have for assembly and parade will be violated illegally. The governor shall examine the problems dwelling in assembly and parade legal system of Republic of China on the basis of five major frameworks of administrative law one by one as soon as possible and further to review and perform modification. This is exactly the method of radical reformation and solution.

Abstract According to International Labour Organization (ILO) Convention No.100 ¡§ Equal Remuneration Convention ¡¨ (1951),and No.135 ¡§ Workers¡¦Representatives Convention ¡¨ (1971). Both Cleraly regular labors don¡¦t be discriminated against employment, and their work remuneration also don¡¦t be exploited. Nowadays, in the era of global economic depression, more and more enterprise and government in order to reduce the human cost, numerously use ¡§ Dispatched Worker ¡¨ form, debase oneself cost to minimum. However, this form also violate the right of labor largely. Therefore, how to regular the legal system which protects the work right of dispatched worker as well as maintains the order of labour market, is the very important issue. The legal system of dispatched worker over Taiwan-strait is examined herein by the basic methods of administrative law, namely, the five major frameworks, including administrative principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision from every respect and viewpoint. Meanwhile, bibliography exploration, historical narration, comparative analysis, and generalization analysis are adopted as the principal research approaches to explore whether there¡¦s any improvement required regarding ¡§Legal System of Dispatched Worker over Taiwan-strait¡¨ on the basis of five major frameworks of administrative law. Additionally, practical implementation and suggestions for regulations and actions concerning future the legal system of dispatched worker over Taiwan-strait, are hereby provided to achieve the goal of protecting the work right of dispatched worker and maintaining labour market orders as well. With the exploration by means of five major frameworks of administrative law, the legal system of dispatched worker in China district have already ensured. But nowadays in Taiwan district haven¡¦t regulared yet, it still have more unsuitable institution, uncompleted order, equivocal concept and equivocation. From the basic of legal system, the conflicts and influences of every interest groups are also the main reason, which causes no consensus to the legal system of dispatched worker in Taiwan district. In this situation, will cause the dispatched worker continually face ¡§ Equal Work Unequal Remuneration ¡¨, ¡§ Labour Exploited ¡¨, ¡§ Employment Discriminated ¡¨. The relevant administration bodies should positively survey the problem of five major frameworks of administrative law of the legal system of dispatched worker in Taiwan district, as well as further to review and perform modification. This is exactly the method of radical reformation and solution.