碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 94 / The first chapter of this thesis serving as the introduction, elaborates the motive, the object, the structure, the restriction, and the methodology of this research.
Chapter Two focuses on the disputes over law-enforcements taken by military official under democracy and constitution. While figuring out the essences of the democracy and constitution, the chapter also discusses the relations among military official, democracy, and the concept of ruling by law. Besides, it tries to find out what factor causes the worry that military official will intervene or dominate in the polity. In addition, based on positive and negative arguments about law-enforcements taken by military official, the thesis proposes its own point of view.
Chapter Three discusses whether law-enforcements taken by military official are constitutional. To deal with this issue, first, this paragraph analyzes the restriction and rule in our Constitution about the role of military official, clarifies the principles, and examines if law-enforcements taken by military police is constitutional. Then by shedding light on the nature of the Coast Guard Administration, it re-examines constitutional problems caused by military official in the Coast Guard Administration while enforcing the law, and solves the aforementioned question.
Chapter Four demonstrates the sorts of services and seeks the root of law-enforcement in USA Coast Guard; compares the right of USA Coast Guard with that of the Department of Defense, which is on behave of the traditional troops. In addition, from enforcement problems brought by the military identity, the thesis widens its discussions into other areas, like missions USA Coast Guard takes and to the scope of it. Through this chapter, the thesis could understand whether law-enforcements taken by military official in USA Coast Guard will collide with its civil-and-military relations. By comparisons between institutions in Taiwan and USA, the thesis makes sure whether the related institutions in Taiwan Coast Guard Administration are constitutional or not.
Chapter Five centers on the enforcement right of military official and practices in our Coast Guard Administration, and will propose the other subject of the thesis. Specifically speaking, this paragraph illuminates the enforcement right from the Law of Coast Guard. Then, it discusses the items and scope of law-enforcements taken by Coast Guard Administration, and compares them among military, police, and civil official in this agency. Finally, it analyzes the practices and the cases from the Coast Guard Administration, trying to comprehend the possible conflicts of related problems.
Chapter Six concludes the findings of this research, and gives some opinions and suggestions on the law-enforcements issue.
| Identifer | oai:union.ndltd.org:TW/094NTOU5273032 |
| Date | January 2006 |
| Creators | Chien-Ming Chiu, 邱建銘 |
| Contributors | Chen-Yo Choh, 周成瑜 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 172 |
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