Exchanges between Taiwan and China across the strait have become more frequent since Taiwan¡¦s abolishment of the martial law on July 16th, 1987, and deregulation of the restrictions on family visit to China on November 2nd the same year. The mainland Chinese people have longed for going to Taiwan to earn a living, and are engaged in illegal activities in Taiwan one after another. Consequently, many are involved in the violation of Article 18 of the Act Governing Relations Between The People Of The Taiwan Area And The Mainland Area, and hence detained. Detention is a transient measure that prevents the persons concerned from escaping from deportation by constraining their personal freedom, rather than a punitive measure. But due to the lack of a comprehensive mechanism for detention, detention centers are administered individually by different administrative agencies. In some occasions, extended detention is like taking the detained person into custody, and even without a definite term of detention. This poses a serious harm to Taiwan¡¦s human rights image. Therefore, in this essay, the author reviewed the regulations and mechanism, as well as the current practices and status of detention in the mainland Chinese people on the basis of the five frameworks of administrative laws: Basic Principle, Administrative Organization, Administrative Competence, Administrative Remedy and Administrative Supervision, and by means of literature review, comparative analysis and historical induction. Recommendations are also made for the existing regulations and mechanism, in an expectation to achieve more comprehensive detention administration.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0806111-202929 |
| Date | 06 August 2011 |
| Creators | Chen, Yan-Ying |
| Contributors | Yi-Ren Dzeng, Shuai-Liang Deng, 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-0806111-202929 |
| Rights | user_define, Copyright information available at source archive |
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