碩士 / 玄奘大學 / 公共事務管理學系碩士在職專班 / 99 / This paper is base on the criminal case - the fishing boat named “Xin Ming Cai”, try to discuss foreigners --who involved criminal cases in Taiwan-- are forced to be settle-down before judicial review, from the points of law, human rights, and management . Hope to secure the human rights of foreigners during their stay in Taiwan.
This researcher interview seven Indonesia foreign fishermen worked on the the fishing boat named “Xin Ming Cai”, and five official members in the NIA’s Detention Centers, the interview comments are as follows:
1. The human rights of foreigners involved in criminal cases should be improved by legislation or amending the law.
2. The existing rules and regulations about how to deal with foreigners involved in criminal cases in Taiwan are not completed.
3. Actually, Detention Centers’s management practice is not easy.
This study provides possible ways to improve the human rights of foreigners who were involved in criminal cases but may not be guilty, and to improve the detention system in our country. Recommendations are as follows:
1. Implement the Implementation Act of the ICCPR & ICESCR ,review relevant laws and regulations of human rights violations.
2. Implement the process of detention.
3. Speed up the judicial review process.
4. Implement the system of placement.
5. Detention Centers’s practice should be improved.
6. Plan an reasonable allocation of Detention Centers manpower.
7. Protection of basic human rights of foreigners during their stay in Taiwan, waiting for judicial results.
8. Application for state compensation due to the illegal detention.
| Identifer | oai:union.ndltd.org:TW/099HCU04636006 |
| Date | January 2011 |
| Creators | Kuo Lin Ouyang, 歐陽國麟 |
| Contributors | Dr. Chuan Hsien Lo, 羅傳賢 博士 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 153 |
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