Various special operations of Taiwan special tasks guard often involve in violating citizens¡¦ life, freedom, property and privacy, and the principal legal basis for special tasks reinforcement agency only consists in the ¡§Implementation Regulation of the National Security Bureau Special Tasks¡¨ stipulated with the authorization of Article 11 of ¡§Organic Act of the National Security Bureau¡¨. Only that the said Measure lacks regulations concerning the launch requirements, enforcement procedure, and remedy channel of requisite inspection, control, and control area delimitation toward personnel, items, location, traffic, communication and other equipments in relation to safety maintenance and result in the common occurrence of ¡§Excessive Special Service Enforcement¡¨ or ¡§Excessive Control¡¨ and incur public complaint repeatedly.
However, special tasks maintains the entire lifeline of a nation, for the safety of protected individuals is relevant to nation security and society stability. On the premise of insuring ¡§Absolute Safe ¡¨ of the designated individuals, how to achieve the balance with the demand of ¡§Principle of the Rule of Law¡¨ and ¡§Principle of Respecting Human Right¡¨ proclaimed by current constitution has been the 1st priority of Taiwan special tasks guard. Therefore, the problem in the legal system of Taiwan special tasks guard is hereby to be reviewed through the angle of administrative law with the Basic Principle, Administrative Organization, Administrative Competence, Administrative Remedy, and Administrative Supervision derived from the method and principle of Administrative Law. And to bring forth more specific advices against items that need to be promoted and reformed respectively in the existed legal system one by one, expecting to provide reference to policy decision making or legislative agency for future legislation, and therefore to establish a complete legal system of Taiwan special tasks guard to promote the nomocracy image of Taiwan.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-1226107-203140 |
| Date | 26 December 2007 |
| Creators | Chia, Sung-Hsin |
| Contributors | none, Deng, Shuai-liang, none |
| 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-1226107-203140 |
| Rights | unrestricted, Copyright information available at source archive |
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