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The electronic game business can not develop well as other emerging industries. Through the analysis by the five major frameworks of administrative law, it is that our society always be not trust about the electronic game shop which cause corruption and crime. However, even the government see the economic adventure of the electronic game business to promote development by raising the important policy of the Six Key Emerging Industries including the electronic digital game business development, that want to come up with Japan and Korea. But it ignore the electronic game shop, that the people still feel no good about it. The local governments also avoid it to follow the public opinion. In addition, the central government seem to have no feeling about the local problems of the electronic game business. Though our government want to improve the policy of the management through the history of the electronic game management, but the solution is temporary not permanent, so it is not enough about the management system. By the research, we can find that enduring the electronic game will reduce the development and employment opportunity, and it will cause more serious society problems. So the government should give judicious guidance according to circumstances, reasonable and efficient management. In this way, the electronic game business will be not only a leisure tool, but also an industry with more economic value. The electronic game business will be the soft power and endless development according to the information technology in Taiwan.

Abstract Cross-strait exchanges have become more frequent since Taiwan abolished the martial law on July 16th, 1987. At the same year, the restriction on family visit to China was deregulated on November 2nd. However, the Act Governing Relations between the People of the Taiwan Area and the Mainland Area about protection of Mainland people¡¦s right is obviously incomplete. For instance, according to Article 95-3 of Act Governing Relations between the People of the Taiwan Area and The Mainland Area, the provisions of the Administrative Procedures Act shall not apply to the handling of the matters related to the dealings between the people of the Taiwan Area and the Mainland Area. The regulation really retarded the development of cross-strait exchanges. Besides, the researcher found out that the Act Governing Relations between the People of the Taiwan Area and the Mainland Area is not in accordance with the social¡¦s status in cross-strait exchanges. Therefore, the Act Governing Relations between the People of the Taiwan Area and the Mainland Area has to be regulated. In this research, the author reviewed the regulations, mechanisms and social status in managing way on the basis of the five frameworks of administrative laws, including Basic Principle, Administrative Organization, Administrative Competence, Administrative Remedy and Administrative Supervision, and literature review, comparative analysis and historical induction. For the purpose of improving regulations of cross-strait exchanges, the researcher suggested that the Act Governing Relations between the People of the Taiwan Area and the Mainland Area should be re-legislated.

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.

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.

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.

依據世界貿易組織（WTO）估計，各國政府部門採購規模約占有其國家國內生產毛額 GDP的10﹪－15﹪，目前兩岸政府採購規模於陸續實施「政府採購法」之後，我國政府採購總額迄至2005年單一年度已達到5595億元，中國政府採購規模增加趨勢更為驚人，依初期試辦之政府採購暫行管理辦法規定等試點辦理之政府採購規模於1998年僅達31億元人民幣，至2003年其「政府採購法」實施後政府採購範圍和規模迅速擴大，迄至2005年中國政府採購規模已高達2927.6億元，但占其全國GDP的比重仍僅有1.6%。對於我國廠商而言，中國此一快速成長中之經濟體，其政府採購市場相對較無語言和文化之障礙，如能熟悉中國的政府採購機制，其政府採購市場可謂是台灣廠商可及性最高的大餅。從而將海峽兩岸政府採購招標階段之各種爭議類型與特有之行政救濟處理機制放在同一個制度平台上作比較，對於台灣廠商在參與國內政府採購或前進中國政府採購市場都將有更實際的幫助。 我國政府採購法係於1998年5月27日公布並於1999年5月27日正式實施，實施七年多以來，已發生之政府採購招標階段爭議截至2005年12月底止，僅行政院公共工程委員會受理之採購申訴案件累計總收案件數已達3,111件，中國政府採購法則於2003年1月1日始正式施行，因實施時間較短，目前尚無爭議案件具體統計數據，惟相關政府採購爭議案件見諸於出版之專業書籍者已有43件指標性之案例，各人民法院亦逐漸出現政府採購相關判決。本研究範圍主要將針對海峽兩岸政府採購程序中，與參與採購廠商關聯最深之「招標階段」爭議處理機制部分，就現行兩岸政府採購及招標投標等政策法規進行深入之比較研究，並對於上述兩岸政府採購法實施後，所陸續發生之招標階段爭議較具代表性之案例，依其相近類型進行比較分析，以期全面性的瞭解兩岸政府採購招標階段爭議類型及專設之行政救濟處理機制的利弊得失。 在探討過程中，由於兩岸的政府採購機制立法依據來源即有所差異，台灣地區政府採購機制規定主要來自於世界貿易組織WTO的「政府採購協定（GPA）」，中國政府採購法則以聯合國「貿易法委員會貨物、工程和服務採購示範法」為基礎，但也納入「政府採購協定（GPA）」若干立法精神。兩岸政府採購機制之立法依據雖有若干相似之處，但因應各自區域內原有法律體系和經濟環境狀況，仍發展出不同類型的招標機制，本研究對於兩岸政府採購立法過程參照之前述相關國際規範，亦將予以比較分析，以祈自立法來源找出兩岸政府採購立法精神及機制設計之基本差異。 / According to estimate of the World Trade Organization (WTO), the government procurement scale of each country takes up about 10%-15% of its GDP. After the government procurement law was initiated on both sides of the strait, Taiwan’s total government procurement amounted to NT$ 559.5 billion in year 2005 alone; in contrast, China had a more amazing rapid growth in procurement scale. In 1998 when Temporary Regulations on Government Procurement was initiated, the procurement scale reached only 3.1 billion RMB. Since the “Government Procurement Law” took effect in 2003, government procurement scope and scale have expanded rapidly. In 2005, China's government procurement scale amounted up to 292.76 billion RMB, yet taking up only 1.6% of its GDP. As a fast growing economy, China’s government procurement market demonstrates fewer language and cultural barriers to manufactures in Taiwan. Familiarization with China’s government procurement mechanism will help provide most access to its government procurement market for Taiwanese manufacturers. Moreover, comparing research into cross-strait government procurement dispute types and unique administrative relief institution during tendering stage on the same level will be of practical help for Taiwanese manufacturers in taking part in domestic government procurement or moving on to China’s government procurement market. Taiwan’s Government Procurement Act was promulgated on May 27, 1998 and put into effect on the same date of the following year. Over the past seven executing years, regarding government procurement dispute during tendering stage, the Public Construction Commission of Executive Yuan alone had received a total of 3111 procurement complaint cases up till the end of December in 2005. On the other hand, China’s Government Procurement Law came into force from January 1, 2003. Due to its shorter enforcement period, specific statistics of dispute cases are still unavailable. However, there have already been 43 index cases published in specialized books, and government-procurement-related sentences gradually arise in people’s courts of law. This study aims to make a deep and thorough research into cross-strait government policies and regulations on procurement and tender system with respect to dispute-solving mechanism during tendering stage most connected to procurement-involving manufacturers, and an analysis of representative cases of dispute during tendering stage according to their similar types after enforcement of cross-strait government procurement laws. This is done for the purpose of completely understanding cross-strait government procurement dispute types during tendering stage and advantages and disadvantages of unique administrative relief institution. In the course of discussion, we found differences in legislative basis for procurement policies of governments on both sides of the strait. Taiwan’s government procurement policy originates from “Agreement on Government Procurement” (GPA) of the WTO, while China's Government Procurement Law is based on “Model Law on Procurement of Goods, Construction and Services” of the United Nations Commission of International Trade Law, yet also involves some essential spirit of GPA. Despite some similarities of legislative basis between the government procurement policies on both sides, different types of tendering mechanisms have developed in accordance with original legal systems and economic conditions in their respective regions. This study will also compare and analyze the legislative process of government procurement on both sides by referring to the aforementioned international regulations, with an aim to, from legislative origin, locate the fundamental differences of legislative spirit and policy design of government procurement on both sides.

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.