The scene of dangerous driving (street racing) has been seen in 1986; however, the situation has not been redressed a bit after the long-term prevention by police force. Nevertheless, since the problem of dangerous driving first appeared in 1955 in Japan, by the long-term prevention, the situation has been well redressed and some talented F1 racing drivers have been cultivated. On May, 11th, 2012, a Japanese racing driver, Kamui Kobayashi, took the 5th place in Spanish Grand Prix.
Dangerous driving has been banned by force in our nation; yet, the auto racing industry has not been developed in line with modern society. In a long period of time, the prevention of dangerous driving has been ineffective due to the banning manner, instead of venting, that the government adopted, which leads to a huge waste of human power and resources. Police force is the current administrative authority for preventing dangerous driving. The legal basis for police to enforce or exercise its power or right is officially available since the Police Duties Enforcement Act was promulgated on Dec. 12th 2003, followed by the interpretation of Shih-Zih No. 535 made by the Council of Grand Justices. The Police Duties Enforcement Act does not only regulate that the enforcement of police powers should be complied with proportionality by specific manner, but also provides the legal basis for the enforcement of police powers. Human right and police itself are also safeguarded. Nevertheless, whether the enforcement of the Act can redress dangerous driving, or weather it can represent that dangerous driving can be corrected only by police is worth discussing in this study.
Dangerous driving has been a troublesome problem to Kaohsiung City. By this study, I found out that banning dangerous driving by strict force affects little to the prevention of it. Through the analysis of the five major frameworks of administrative law, I suggest that the government should not regard dangerous driving as a pure event of public disorder, but a social phenomenon. Except for banning illegal dangerous driving, the central government should take the advantage of the situation to allow local self-governing to promote auto-racing industry. The government should also play the role of leading and changing the illegal and dangerous driving to the legal auto racing game with reasonable and effective management, and to set a managing mechanism in terms of the platform for modified parts. Through this manner, the government can not only benefit from taxing, but also control dangerous deriving effectively, which leads to a win-win situation for both of the government and its people.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0815112-140926 |
| Date | 15 August 2012 |
| Creators | Chen, Hsiang-Wei |
| Contributors | Ching-chin, Lee, Shuai-liang Deng, Liao, Da-Qi |
| 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-0815112-140926 |
| Rights | user_define, Copyright information available at source archive |
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