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A Cross-Strait Study on Legal System of Assembly and ProcessionChang, Chin-Hsiung 16 July 2012 (has links)
Article 14 of the Constitution of the Republic of China provides that people have the freedom of assembly and association. It is also the fundamental human right. Although the Assembly and Parade Act was promulgated in 1988 and has been amended twice, its constitutionality has been challenged continuously. After the Council of Grand Justices made the interpretation of Shih-Zih No. 445, the legal system of assembly and parade still has not been changed and exercising assembly right still represent the practice of democracy and national sovereignty, which mainly protects the right of disadvantaged groups to express opinion and political ideas. In the multicultural and democratic society, if exercising the right positively can be highly valued, it will enhance the social harmony significantly. The respect towards exercising the freedom of assembly and the well addressing of it have become an important index to inspect a legal and democratic state.
Article 35 of the Constitution of PRC provides that the people of the People's Republic of China shall have the freedom of speech, publication, assembly, association, parade and demonstration. Since the opening up and reformation of China, the social structure faced a huge transformation and the appeals of people tended to be more various, which provoked more riots and affected the stability of social economy and politics. Adopting a prevention mechanism for the collective power has become an issue for China. Following the rapid economic growth in cross-straits, Taiwan has also involved in the legal field of assembly and parade. Some enterprises have transferred asset and investment to China. Therefore, unemployed people will protest on the street and the social structure has also changed. Both of the governments in Taiwan and China need to established a mechanism and a well-structured system of administrative remedy and supervision to tackle demonstrations for a better harmonized society.
Based on the 5 major frameworks of administration law, including administrative principles, administrative organization, administrative authority, administrative remedy and administrative supervision, this study aims at examining the legal system of assembly and parade in cross-straits to redress deficiency with researching by reference, historical analysis, comparative analysis and induction analysis in different aspects.
Through the study, a lot of problems have been found, including the deficiency and vague definition of related law, unclear discretion standard, the need for shifting the system from permit to pre-notice, overbroad scale of restricted area, excessive harshness of criminal penalty, inadequacy of related mechanism and the systems of remedy and supers ion, political intervention and absurdity of the law. Overall, restriction exceeds protection. For promoting the mutual development and communication of cross-straits, both of the government in Taiwan and China should examine the problems dwelling in the law and further to review and perform modification, as well as establishing an assessment system.The admendemt of the legal system should move forwards to ¡§protecting the freedom of people as human right¡¨ of the Constitution, so as to fulfill the spirit of the Constitution and the International Covenant on Civil and Political Rights, namely, protecting human right.
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A Study on Legal System of the Police Inspectors on PRC AND TPKMHuang, Yuan-min 17 July 2012 (has links)
"Inspector" in accordance with the literal interpretation may be called to oversee and inspect. In the police system in the Taiwan region, "duty inspector" is the terminology of the police; mainland China public security organs at or obove the county level, there are "Police Inspector" are prepared.
Police services are fighting as the army. Therefore, only to maintain discipline and protect the rights of the police, the people can feel happy and social security will be stable. However, how to exercise the inspectors¡¦ powers¡H These are thesis research motivation.
Through the research and analysis of the five major frameworks, this research found that applied "structural stress theory" by sociologists Merton, and found out the inspector¡¦s powers to control the five types of objects. Administrative organization of soundness (for example, the inspectors¡¦ class of the municipal government police station of Taiwan province is too low, or add to inspectors¡¦ allowance), use of limitation of administrative power (for example, as far as possible trying "inspector guidance" instead of " inspector punishment"), the exercise of administrative relief (for example, mainland China should incorporate administrative internal management affairs into the "Administrative Procedure Law of the People¡¦s Republic of China"), perfection of administrative supervision (for example, refer to the practice university evaluation system, or set up Foundation bodies evaluation of the police internal control supervision) for the proposed suggestions. Last but not least, the role of inspectors is very clear. Generally everyone think that inspectors are "managing the police of the police". In fact, in addition to "management-style inspectorate", "operation-style inspectorate" should be the best method.
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A Study on the Legal System of Administrative Division in Local Districts¡ÐThe Case of Kaohsiung CityWu, Mao-Shu 18 July 2012 (has links)
Abstract
Administrative division contains a string of complex questions. It does not only contain the simple concept of the division of regions, but the formation of the ideology of residence towards regions and the fairness of national resource distributions. However, followed by administrative division, the original administrative district still may not develop well as expected due to the change of time and space.
By the analysis of the 5 major frameworks of administrative law, I found out that since the merger of Kaohsiung city and county in 2010, the transition of the environment has diluted and allocated the resources inappropriately. It leads to an unbalanced regional development because the people can not be satisfied with inadequate resources. However, the problem is that the current administrative division can not tackle the problems. It¡¦s a great loss that a reasonable and appropriate plan has not even been conducted for the administrative division of Kaohsiung. Moreover, the scale that administrative division covers in local districts is so comprehensive that it de facto influences the right and obligations of people. Therefore, the legal system of administrative division should be improved and adjusted.
By this study I found out that Kaohsiung City should consider the overall development and related factors to assess the whole situation with a profounder perspective. By the expansion that brought by the merger of administrative districts, the resources will be more adequate so as to meet the need of people. With the local features of each administrative district, transport communication can be extended, as well as the space greening and beautification. As a goal-oriented activist, the district governors should dedicated to increasing the service quality and efficiency of district offices for people. Followed by the balanced development, local features and the enhancement of overall development, Kaohsiung City can become the leading city in Taiwan with easy access to administration, balanced resources and limitless development.
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The Ettect of Personality Traits on the Motivations of Volunteers: The Case of Kaohsiung Hakka Cultural MuseumChang, Hui-Chung 24 July 2012 (has links)
¡@¡@The related researches on voluntary services in Taiwan, instead of focusing on psychological extent, such as personality traits, have mainly been centered on its external fields, including volunteer recruitment, training and management. In terms of the research on personality traits, people usually take the paid staff, such as police officers, medical staff, teachers and leaders as the subject. However, unpaid volunteer is not often to be seen in such study based on the big five personality traits or five factor model (FFM). By questionnaires, the basic statuses of volunteers in Kaohsiung Hakka Cultural Museum have been analyzed in this research, as well as the impact of FFM on the motivations of volunteers. The findings are:
¡@¡@A. Most of the volunteers in Hakka Cultural Museum are usually retired with the average age around 50 years old. The status of them is usually married, having 2 or 3 children. The education level is either college, senior high or vocational high school. Their years of services are more than 5 years, and they would provide voluntary services continuously.
¡@¡@B. In the perspective of personality traits, the volunteers in Hakka Cultural Museum are often full of energy (extraversion), with the preference for adventure and discussing popular issues (openness to experience), with the tendency to be cooperative rather then antagonistic (agreeableness), responsible (conscientiousness) and seldom to experience helplessness (emotional stability).
¡@¡@C. The volunteers who provide services with the motivations for self-fulfillment, willingness of learning and interest have the tendencies of extraversion, agreeableness and conscientiousness. As for the volunteers who provide service due to the introduction of family or friend, or with the motivation for killing time, they have the characteristics of openness to experience. Finally, the volunteers with the motivations for material things have the tendency of neuroticism.
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A study of Taiwan¡¦s Patent Administrative LawLin, Mei-ling 06 August 2012 (has links)
Patent is a significant sign of modernizing a country. Protecting patents has been a problem since the Patent Law was conducted in 1949. At initial stage, inventors were unwilling to register patent because that they thought their inventions would not be protected by the Patent system. Until now, there are about 80,000 applications every year. It is clear that the patent system has developed more completely. However, it produced new proplems with us. For instance, the percentage of patent licensing is too law; the examining procedure is too long. Therefore, the patent system still need to be revised.
In this research, the author reviewed the patent law and mechanisms on the basis of the five frameworks of administrative law, including Basic Principle, Administrative Organization, Administrative Competence, Administrative Remedy and Administrative Supervision, and literature review. For the purpose of improving Patent system, the researcher suggested that the Patent system should be revised.
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A Case Study of E-Reader OEM/ODM Dilemma and Business Strategy under Globalization ¡V A Case StudySu, Yu-Hsun 08 August 2012 (has links)
The International environmental become significant issue for each countries, base on green trend more and more green products launched into market. E-Reader is one of the green product that growing rapidly in recent years due to the internet blooming. There have lot of advantages for people using E-Reader, such as easy to carry and you can own thousand of books content inside the E-Reader, it is amazing convenient for this development.
The E-reader in this case study was identified by using electronic paper as the panel material, which is different from the LCD panel screen reader¡]Tablet¡^. So far Taiwan is the biggest OEM/ODM manufacturer area for worldwide E-reader market beause the E-paper source, also Taiwan maker can laverge all manufactuer capabilities coming from electronic and 3C industries and have well integrated supplier resource, that¡¦s why Taiwan maker can control 90% OEM/ODM E-reader manufactureing in the world.
The global recession since 2008 has resulted in sharp drop for international business. It is getting more and more difficult for business competition, especially for OEM/ODM model. Although Taiwan E-reader manufacturers still have margin at this moment, but gradually they will face other competitors from China or Kera, on the other hand the threat from Tablet-reader is getting apparent, and the DRM still don¡¦t have well organized by governments, more and more challenges close to E-reader manufacturers.
In the case of A company, base on five force model & Resources basic model as it can be aware how A company running his E-reader business under Globalization. The industrial circumstances change rapidly, it is important for Tawian maker to think over how to apply their own resource and make the right business strategy. By reviewing this case of A company, here is some suggestions for Taiwan E-reader industry.
1. Bring up for globalization talents.
2. Global system reinforcement.
3. To have Strong and well finance management.
4. Enchance RD capabilities by using core technology.
5. Process techniques and quality stability.
6. Strengthen the business strategic alliance.
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A study on Taiwan Legal System Regarding Dropout Counseling Management for Junior-High StadentsTsai, Yi-miao 16 August 2012 (has links)
Education is a long-term effort. The children and teenagers are the pillar-to-be in our nation. Moreover, the popularization of national education can contribute to the enhancement of national competitiveness. Thus, the Article 21 of the Constitution of Taiwan regulates that the people shall have the right and duty to receive national education, which means anyone shall have the right to receive national education and the duty to receive national education as long as he or she is a citizen of Taiwan. Furthermore, to practice education drastically, the nation promulgates the Compulsory School Attendance Act. It allows local governments to establish ¡§committee of compulsory school attendance¡¨ to manage the dropouts from elementary and junior high schools, targeting ¡§zero dropout.¡¨
However, the good faith of the regulations can not be implemented well for every citizen in terms of ¡§the right and duty to receive education,¡¨ especially for the students who drop out of school. It is affected by complicated factors, such as personal value, society, economy, peers, indigenous people and new immigrants. Dropping out has concerned the field of education the most, and it has also brought related problems to the society and public order. Therefore, it is necessary to research and to discuss how to organize an effective legal system of dropout counseling management.
Based on the 5 major frameworks of administration law, including administrative principles, administrative organization, administrative authority, administrative remedy and administrative supervision, this study aims at examining the legal system of junior high dropout counseling management to redress the deficiency of current law with researching by reference, historical analysis, comparative analysis and induction analysis in different aspects. Meanwhile, by learning from advanced countries, such as the U.S., Japan and Korea, some specific manners and suggestions, such as establishing dedicated organizations or offices, paying attention to secondary education and reinforcing the function of halfway schools, are expected to be provided for the government, schools, private organizations and future researchers. Through the above-mentioned manners, the situation of dropouts can be redressed and corrected. Moreover, the spirit of the Constitution, namely, the right and duty to receive national education for all citizens, can be fulfilled.
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Role of the government amid globalization¡Xstudy on the legal system in ChinaTsai, Cheng-Shu 21 August 2012 (has links)
This research uses the five major frameworks of Administrative Law to cover the current challenges the Chinese government faces and proposes recommendations on the legal system. First, in the area of the ¡§basic principle,¡¨ I cover the history of the organizational structure, which helps us understand the current problems existing in China. I also discuss how we can make adjustments to the system, reconcile politically and through regulations. Second, lessons from the developed countries also serve as a comparison when I discuss ¡§law compliance,¡¨ ¡§procedural justice¡¨ as well as ¡§citizen participation.¡¨ The aforementioned form the basic principles of this research.
Furthermore, when discussing the administrative organization, I propose replacing the traditional rigid organization with the ¡§project based organization¡¨ and the ¡§learning organization.¡¨ ¡§Accountability¡¨ should be promoted to adjust civil servants¡¦ mentalities. Government budget should protect citizens¡¦ fundamental rights and show commitment to fulfilling international obligations in response to the ¡§globalization.¡¨
In the topic of ¡§Administrative Competence¡¨, any administrative implementations should go through the administrative investigations to understand where the problem is and to set the ¡§administrative plan¡¨ accordingly. Based on the principle of ¡§law compliance,¡¨ a sound legislation makes the legislative activities of the government more predictable. Besides the traditional ¡§administrative punishment,¡¨ the legislature can choose more equal administrative measures such as ¡§administrative contract,¡¨ ¡§administrative guidance,¡¨ and ¡§administrative reward¡¨ to replace the less equal measures in the past. This research also discusses ¡§administration first,¡¨ ¡§pilot,¡¨ and ¡§counterpart support¡¨, all of which are unique to China¡¦s legal system. The speedy mechanism with attributes of pragmatism and border-crossing assistance will be beneficial to China¡¦s coping with the challenges coming from the ¡§globalization.¡¨
When discussing ¡§Administrative Remedy,¡¨ this research suggests protecting diversity in opinions, simplifying the administrative reconsideration process, giving civil servants accountability, expanding administrative proceedings, reducing improper interference from people, expanding state compensation, solidifying the legal procedure for a sound interpretation of the Constitution, normalizing the referendum mechanism. These measures should help China cope with the growing administrative power in the era of globalization, and enhance the principle of ¡§wherever there is right, there is remedy.¡¨
Finally, of administrative supervision, we can ensure that the administrative power will remain uncorrupted and that the government will be more efficient and effictive through audit and internal oversight systems, supervision mechanisms from both the legislative and the supervisory power, the public opinion network, and the media.
We can understand the challenges China government is facing by analyzing the aforementioned ¡§basic principles,¡¨ ¡§administration organization,¡¨ ¡§administrative authority,¡¨ "administrative remedies" and "administrative supervision." The recommendations in this research can be a reference for China or any other countries when they try to solve the globalization challenges.
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Network products distribution channels co-opetition strategy analysis and researchHuang, Chen-hsin 03 September 2012 (has links)
With nearly two decades of development of Agency Business, the market has experienced a lot of industry up and down. Each time when the market approaches saturation, we always observe the survival drama on the industrial supply chain where the competitions among O.E.Ms are intensive and all are fighting for a limited market.
Due to the rapid changes on the high-speed Internet applications with massive global information exchange requirements, revolutionary innovative technology and products are often developed, thus it is expected that network channels industry is still considerable room for growth in the future.
Although the revolution of products is expected, in addition to the product's competitive, how to leverage soft power (such as professional and technical services), in the market to seize the initiative and continue to maintain the advantage of competitiveness, is still the subject for the case company to study. We expect by this thesis research to conceive in response to the vigorous development of modern information applications, of which case companies will face issues and challenges, such as:
1. Agency and brand resources coordinating and competing
2. Upstream, downstream and alliance companies¡¦ value chain relationships and competing strategies
3. Agency and OEM branding and product conflict
4. The changes of demand side such as new technologies and applications that may impact the assessment of the industry supply chain and coping strategies
Based on three dimensions: industry trends, supply chain competing, internal allocation of resources with the long-term observation of the development of the case company, the internal executives in-depth interviews and secondary data collection methodologies, this research is to explore the case companies¡¦ response to strategy with the result, also try to analyze the feasibility of taking advantage of business operation management (five forces analysis / value network / game theory), to seek the best strategy for the case company in response to the rapidly changing business competition.
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Synergy of Management Buy-Out-The Case Study of Yageo Financial Analysis and Corporation ValuationFang, Chi-Wen 09 September 2012 (has links)
ABSTRACT
Globalization pushes more and more intensive competition and brings only minor profit to company globally. To keep key customers, to look for corporate expansion or growth up, and to earn more profit, company should keep improving cost stucture, key technology and strengthening the competition advantage by applying with both internal and external strategies.
¡§Leverage Buyout¡¨ and ¡§Management Buyout¡¨ are two typical operation models of Private Equity Fund and it is very popular and mature in the Western. Recently, the Asia emerging and booming market attracts the interest from Private Equity Fund. Moreover, because Taiwan enterprises have better system, more reasonable market price, and lower interest rate, they are aimed by Private Equity Fund as a gangway to China market. On the other hand, Taiwan domestic enterprises also look for investment from global Private Equity Fund to enhance corporate global competition.
This study selects ¡§Yageo Management Buyout¡¨ triggered by Oriont Investment Co., Ltd. in 2011. With analysis of Yageo financial reports, I get Yageo corporation valuation and the reasonable share price at the moment of MBO announcement by Oriont using Porter (1980) Five Forces Analysis to summarize passive components industry key competition and key successful factors. After comparing with actual share price, it is apparent that Yageo share price is undervalued for a long time because Taiwan minor share holders pursuing short term return on the investment. In 2011, Yageo management team intended to privatize the company so that management team can concentrate on long term performance and competition improvement. With the successful improvement, Yageo is expected to re-public the share into the global market to have the reasonable share price showing its actual corporate value.
The case study points out that Taiwan unique invest environment on minor share holders for any other global Private Equity Fund reference. Furthermore, the study concludes that, in addition to concerning on share holders¡¦ rights and Taiwan local market development, the government should take more aggressive policy to support domestic company leading to be a global one because globalization is a must and survival solution to an enterprise.
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