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.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0812108-110219 |
| Date | 12 August 2008 |
| Creators | Kuo, Chuh-yuan |
| Contributors | Chuan-Cheng Wu, Deng, Shuai-liang, Wang,Marion Chyun-Yang |
| Publisher | NSYSU |
| Source Sets | NSYSU Electronic Thesis and Dissertation Archive |
| Language | Cholon |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0812108-110219 |
| Rights | not_available, Copyright information available at source archive |
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