碩士 / 國立臺北大學 / 法律學系法律專業組 / 106 / Border inspection consists import and export administrative inspection, customs inspection, and inspection of suppressing smuggling. Its legal source is the state's high-rights behavior to protect self-interests. And Customs Anti-Smuggling Act is the important law for inspection of suppressing smuggling.
The functions of Inspections of suppressing smuggling are to ban and to regulate, and the inspected objects are vehicles, people, things and places. According to the constitutional analysis of the basic rights, the involved constitutional rights are personal freedom, freedom of residence, privacy, freedom of speech, freedom of movement, and remedies. Only based on the principle of clarity and principle of proportionality, as the boundary of inspections of suppressing smuggling, excessively interfering with people’s constitutional rights due to smuggling inspections can be prevented. The process of inspection of suppressing smuggling shall be clearly established for protecting the constitutional rights.
Because inspections of suppressing smuggling sometimes are transformed into criminal investigations, it is necessary to make clear the boundaries between inspection of suppressing smuggling and criminal investigations, so as to protect people’s constitutional rights. However, due to geopolitical and historical factors, our country has a deep relationship with Japan. Therefore, in comparison observation, we chose Japan as the object of observation.
In short, this study sums up the basic rights and constitutional analysis, draws a separating line between inspections of suppressing smuggling and criminal investigations, and also compares them with Japan Customs Act. The amendment for balancing the effectiveness of suppressing smuggling and safeguarding human rights is proposed for the reference of the executive authorities. As a result, the better Customs Anti-Smuggling Act is expected.
| Identifer | oai:union.ndltd.org:TW/106NTPU0195005 |
| Date | January 2018 |
| Creators | KO, TE-WEN, 柯得汶 |
| Contributors | CHEN, TSI-YANG, 陳慈陽 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 75 |
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