In order to promote the reputation, appearance, social position and job achievements of the police, the superior moral is the key factor. It affects the performance of authority and the quality of governance of our government directly. The moral crisis is more or less hidden in the government apparatus. However, the law executor like the police involves a moral case will always be the headlines, it proves ¡§Rotten Apple Theory¡¨, even there is 99¢H law-abiding police officers. The image of the police in the people¡¦s mind should be the incarnation of equity and justice. Nevertheless, the authority is endowed by the police is the best sharp weapon of law-disobeying and discipline-violating. The citizen has the right of the examination and being public employment. According to ¡§Civil Service Employment Act¡¨, the citizen can be a formal police officer by passing the national examination. However, according to ¡§The Statute For Personnel Affairs Involving Police Staff¡¨, counterbalancing a police officer¡¦s prize and punishment are two serious mistakes will be dismissed from office, it seriously takes effects on the police¡¦s right. The superintendents who are responsible for the investigation on the police moral cases should handle matters carefully, administrate legally, obey the rule of procedural justice. To examine the practice and enactment of the investigation on the police moral cases by the administrative legal system is necessary in this studying.
The legal system of the investigation on the police moral cases is examined herein by the basic methods of administrative law, namely, the five major frameworks, including administrative principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision from every respect and viewpoint. Meanwhile, bibliography exploration, historical narration, comparative research, and case analysis are adopted as the principal research approaches to explore whether there¡¦s any improvement required regarding the legal system of the investigation on the police moral cases on the basis of five major frameworks of administrative law. Additionally, practical implementation and suggestions for regulations and actions concerning future investigation on the police moral cases are hereby provided to achieve the goal of protecting procedural justice and the police¡¦s right as well.
With the exploration by means of five major frameworks of administrative law, the legal system of the investigation on the police moral cases yet obeys the three administrative principles according to laws and the seven principles of procedural justice and has formed the prototype as that of countries ruled by law. However, problems such as inappropriate system design of special duty and administrative plan , incomplete decrees and laws, uncertain legal concepts, unclear meanings still
remained in the existing and getting rid of the traditional concept of ¡§special right relation¡¨. As a whole, restriction exceeds protection. The suspect against ¡§Criminal Code¡¨ is still possessed with legal human rights, the police against administrative law shouldn¡¦t be possessed with human rights procedurally and substantively. Indeed, ¡§ moral is the lifeblood of the police¡¨, since moral is so important, the governor of the police authorities shall view that to be a topic of demanding immediate attention and examine the problems dwelling in the legal system of the investigation on the police moral cases on the basis of five major frameworks of administrative law as soon as possible and further to review and perform modification to be convinced of all the police and promote the police¡¦s appearance and public reliance.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0820109-154750 |
| Date | 20 August 2009 |
| Creators | Tsai, Yao-shun |
| Contributors | Cheng-shan Liu, Yang-ching Yen, Shuai-liang Deng |
| 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-0820109-154750 |
| Rights | not_available, Copyright information available at source archive |
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