Time has changed. The police can no longer take it for granted that they can conduct ¡§household investigation¡¨ simply on the basis of the 9th article of Police Law. After lifting of the martial law in July 15, 1987, Taiwan government observed its constitution and instituted a new system, Police House Visitation Practice, by the Interior Ministry to continue the practice of monitoring its citizenry. However, the 5th and 6th articles of this law which stipulated the citizens¡¦ obligations and penalties were apparently in violation of a higher law, Administrative Procedure Law. In particular they are against the 150th and the 158th articles of Administrative Procedure Law which maintains that acts or regulations should have their bases on law and should not against the spirit of this law (150th article) and these acts and regulation should be nullified if they have no basis of law and they infringe the rights and freedom of movement of its citizenry (158th article). Based on these principles, the 9th article of Police Act was therefore abolished by the Interior Ministry in October 31, 2000.
In July of 2007, the 1st item of the 11th article of Police Operation Practice was amended and specifies that: ¡§The Interior Ministry should stipulate the policies for police officers in their beats to visit households, to provide service, to investigate and to maintain the social order.¡¨ The 60-year practice of police ¡§household investigation¡¨ becomes a history. Household investigation is no long the main theme of police activities, instead other major functions such as crime prevention, service and social security survey are the main focuses of police operations.
This study examines and evaluates the soundness of police beat investigation from the perspectives of the basic theories of administrative law including five (5) major frameworks of administration: principles, organizations, authorities, remedies and supervision. This study also seeks to identify the potential problems and discuss the feasible remedies for any deficiency of this act. And finally policymakers can make good use of the findings and recommendations of this study to enact sound police polices to promote and protect the well-being of their constituents.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0822109-023736 |
| Date | 22 August 2009 |
| Creators | Liang, Ming-chun |
| Contributors | Cheng-shan Liu, Shuai-liang Deng, Yang-chen Yan |
| 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-0822109-023736 |
| Rights | not_available, Copyright information available at source archive |
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