Article 12 of Constitution of Republic of China, ¡§ people have the freedom of secret communication¡¨, protecting basic human rights aims to prevent people¡¦s communications from any arbitrary interference by others in the country except for evidence collection and crime investigation. For ensuring national security and maintaining social order, it is necessary to actually implement the communication interception. In order to balance the relationship between human rights of freedom and public interest, most of the democratic and advanced countries have set the rules of communication interception, which regulate the element of legal interception and punishment of illegal one to prevent the violations in rights of people from interception caused by abuse of power.
July 14, 1999, the law of communication protection and interception was published and implemented to stipulate the operating procedure related to communication interception conducted by judiciary, procuratorial organ, executive bodies, building authorities, telecommunication corporations, and so on. This significantly symbolized that the execution of national communication interception was formally working forward to legal system, and finished the history of designated communication interception violating the constitution in the past decades. July 11, 2007, communication interception book was replaced with the provisions in the significant amendment issued by judge, and further created a new record of implementing the provision¡§people¡¦s freedoms of secret communication¡¨ secured by constitution, and formally connected with the trend of global democracy.
It was undeniable that the design of this regulation still allowed much room of improvement and the circumstance of illegal wiretapping on the street stalls was definitely not restrained by the implementation of communication security law. Moreover, police units seldom dealt with the related reports or impeachments, and actively worked on the wiretapping cases. For most general public, it significantly pointed out that the effects of education did not come to the original expectation leading people to be aware of the importance of freedom of secret communication and privacy. This surely was the great defect and regret after the implementation of the relevant law.
Based on the principles in the area of administrative law, the led five main structures (basic principles, framework, permission use, relief channel and monitoring mechanism,) in this research mainly analyzed and explored the current rules of communication protection and interception step by step, and further evaluated the potential deficiency and the matter of essential improvement through the modes of theory interpretation and practice review. The mentioned suggestions in this study were available to make the communication protection and interception mechanism with much better functions.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0821109-161502 |
| Date | 21 August 2009 |
| Creators | Chen, Jia-hong |
| Contributors | Cheng-Shan Liu, Shuai-Liang Deng, Chuan-Cheng Wu |
| 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-0821109-161502 |
| Rights | restricted, Copyright information available at source archive |
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