Due to the great change of Taiwan social environment, values are seriously distorted. Many adolescents would gather together at holiday nights for dangerous driving on road (racing) which not only causes gridlock on road and interferes traffic seriously, what¡¦s worse is these youths even attack the public, police officers on duty and related competed agency with force. This behavior not only violates legal regulations but damages social security severely, threatens citizens¡¦ life, body and property safety. Since the role of police officer serves as the function of social security maintenance, to clamp down and hold back dangerous driving is one important segment for the exercise of police powers.
The exercise method of police powers in Taiwan has been reformed greatly due to the change of political and economical situation. During Martial Law Period, to meet the demand, this nation conferred authority on police officers to great extension. The nature of duty enforcement also belonged to regulation, clampdown, and penalty with compulsive implementation upon enforcement. However, the delegation scope pursuant to law is unspecific and the requirement of enforcement is general, human right violation controversy is often occurred. Till Interpretation of Shih-Zih No. 535 made by Grand Justice of Judicial Yuan, police authority then faces the importance of administrative procedure and is able to step forward to a country of nomocracy. With the promotion from all circles, ¡§Act of Exercise of the Police Powers¡¨ of Taiwan was effected on Dec. 1, 2003, herein not only regulates specifically the definition, function of power limits and implementation method of police officer, it also stipulates the practical measures of civil rights adopted for police powers exercise in proclamation to demand police officers to be in compliance with principle of proportionality while exercising authority. It also bestows the legal basis on police powers exercising that can look after both the insurance of human right and the maintenance of police safety which really possesses groundbreaking meaning of a time. Only that whether the formulation of the said act in practical really indicates the dangerous driving prevention legal system of police officers has already achieved its perfection worth the further research and exploration by this study.
Administrative law is deep and profound as well as extensive and infinite and hasn¡¦t formed a complete administration law till now. Only that with observation from the method and principle of administrative act, it can be divided into five main structures of Basic Principle, Organization Framework, Limit of Administrative Rights, Administrative Relief, and Administrative Surveillance. Any administrative legal system pursuits to achieve its perfection, it then shall be analyzed by the five main structures of administrative act. Therefore, the five main structures of administrative act serve as the center in this study to examine the dangerous driving prevention legal system of police officer and review the practice method of police authority and compare to current relative decrees and regulations, expecting police officers can work out the problems concerning to the requirements of power exercise and procedure and to be advantageous to the reinforcement of dangerous driving prevention.
Under this pattern of thought, this study tries to examine all systems upon dangerous driving prevention and clampdown of Taiwan police officers from the angle of administrative act with the said five main structures of administrative act basic principles as the research method in this study. The main frameworks of this study are divided into seven chapters respectively:
Chapter 1 Introduction
To bring forth the dubious interpretation of current dangerous driving prevention reinforcement by police authority firstly to explain the research motive, purpose, research scope, limits, research method, framework, the determination of related terms, and so on.
Chapter 2 The Basic Principle of Dangerous Driving Prevention Legal System of Police Officer.
To interpret the concept and definition of dangerous driving firstly and then bring forth the cruxes in reality and data analysis against the four aspects of society with actual phenomena, economy with most appropriate adjustment, politics of interrogation and legal system of decrees and regulations to make us understand the establishment background of dangerous driving prevention legal system of police officers. And further to compliment with Japan dangerous driving prevention system, the analysis of international aspect to adopt the successful experiences of dangerous driving prevention in foreign countries; and then explore the nomocracy of dangerous driving legal system of police officers from the angle of three principles of administrative act and seven principles of procedure justices to discuss the related legal basis and regulations concerning police power exercise; and finally explore the participation of relative parties of dangerous driving prevention legal system of police officers, expecting to assist police officers in the reinforcement of dangerous driving prevention with the participation of the public to make the dangerous driving prevention legal system more complete.
Chapter 3 The Organization Framework of Dangerous Driving Prevention Legal System of Police Officer
To explore current central and local police administrative organization to deep understand the problems of organization framework, personnel system and fund budget of police authority, expecting to establish complete organization framework for the advantages of practical operation of dangerous driving prevention of police authority.
Chapter 4 The Limit of Administrative Rights and Implementation of Dangerous Driving Prevention Legal System of Police Officer
Traditional clampdown with penalty and other administrative actions exempted from high power type are included. The types and meaning is to be explored against the regulation items of seven ¡§Administrative Procedure Law,¡¨ including Administrative Investigation, Administrative Plan, Administrative Legislation, Administrative Penalty, Administrative Contract, Administrative Instruction, and the insurance of Administrative Duty Reinforcement that is helpful for the clear-up of the requirements and procedures of police power exercise.
Chapter 5 The Relief and Solutions to Problems Arising from Dangerous Driving Prevention Legal System of Police Officer
According to the different categories of agency receiving relief procedures, they can be divided into the administrative relief within and outside administrative system. Start from the relief system of compliant, declaration against different opinions and petition; and then discuss the administrative suit system outside administrative system; and then continue to compliment other relief ways of petition and pleading; and finally to explore national compensation, constitute interpretation and public vote one by one to cover all surveillance rights of people in details.
Chapter 6 The Administrative Surveillance of Dangerous Driving Prevention Legal System of Police Officer
Due to quality and quantity changes of modern country administration, the necessity of administrative control increases day by day. Complete administrative surveillance legal system consists in exploring the supervising system of inspect, supervise, political affairs and sales within police authority and outer supervising system of power, the public, opinion and social groups. With the supervising function of administrative surveillance to expect the work of dangerous driving prevention of police officer would meet the demand of nation, society and people in the respects of legal system and effects.
Chapter 7 Conclusion and Suggestion
To bring forth problems discovered after research and propose suggestions for improvements against dangerous driving prevention for the reference of police officers upon the reinforcement.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0131108-164543 |
| Date | 31 January 2008 |
| Creators | Chen, Yu-Ching |
| Contributors | Cheng Wu-Cyuan, Syue-Liang Deng, Chyun-Yang Wang |
| 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-0131108-164543 |
| Rights | not_available, Copyright information available at source archive |
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