碩士 / 中央警察大學 / 交通管理研究所 / 101 / "Rule" is "Law", but it is also the method, "Rules" exist in order to solve the problems. In a society governed by the rule of law, the operation and carrying out duties of the government should be in line with the Law. Both in China and Taiwan, when it comes to traffic management, there are road traffic laws as legal basis. In Taiwan, that is "Road Traffic Administrative and Penalties Act", on the mainland, it is called "Road Traffic Safety Law". Since ancient times, China and Taiwan originally ruled by the same regime. From 1949, the two side of the strait experienced half a century of divide-and-conquer, till 1987, the interactive resumed. With more and more frequently interactions such as visit relatives, travel, trade, investment and visit of two sides, the people on both sides have the chance to obey Road Traffic Act of the other side. Therefore, to find the similarities and differences of the two sides’ Road Traffic Act is the purpose of this study.
"Road Traffic Administrative and Penalties Act" is legislated by Legislative Yuan on January 24, 1968 and announced by the president, so its legal hierarchy is "Law". "Road Traffic Safety Law" is legislated by Standing Committee of the National People's Congress on October 28, 2003, promulgated by the president as well, so their legal hierarchies are the same. The overall structure of "Road Traffic Administrative and Penalties Act" is "Violation and Punishment", so it means "Punishment leading effect"."Road Safety Act" has lots of contents, other than penalties, including the establishment of the traffic safety system, censoring of drivers and vehicles, road traffic conditions, road traffic regulations, handling with Road accident, supervision of law enforcement and legal responsibility, etc. All these mentioned above makes the difference of "Road Safety Act" and "Road Traffic Administrative and Penalties Act".
In general provisions, accusation system is Taiwan’s distinguishing feature. Because the police force is limited, this system can not only make up for this shortage, but also produce a great deterrent effect. Therefore, it helps improve the traffic environment a lot. In China, mass media have obligation to educate; media resources are used in traffic safety education. This not only helps in substance, but it is kind of a novel and effective concept. If other acts could be authorized to be specifically pointed out the operation of the focus, the effect would be expectable.
About license management, cross-strait both have the points system, but in Taiwan, there is no reward designed for the law-abiding driving behavor. On the other hand, mainland for the law-abiding motorists can extend the valid time of their driver's license. This system design has positive encouragement on the drivers’ desire to obey the rules.
In "Road Traffic Administrative and Penalties Act", all the type of penalty rules are: fines, confiscate, suspend driving license, suspend car plate, revoke driving license, revoke driving license for life , revoke car plate, prohibit driving, Lecture, point system, recording times system, name withheld. There are also lift, hold in custody, etc. The type of panalties of "Road Safety Act" includes: Warning, fine, suspend or revoke driving license, detention, as well as the detention of vehicles,score, traffic education, detain driving license, revoke driving license for life, ordered, expropriate, confiscate, close down and tow, etc.
| Identifer | oai:union.ndltd.org:TW/101CPU05119001 |
| Date | January 1020 |
| Creators | 黃世耀 |
| Contributors | 蔡中志 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 154 |
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