| Summary: | 博士 === 國立政治大學 === 法律學系 === 87 === For the purpose of accomplishing successfully duties of protecting people’s life, bodies, and property; preventing and investigating crime, as well as maintaining social safety and order, the police have to take actions to eliminate illegal situation. According to the principles of being law-ruled and human right-centered stressed in Constitution, it is law that necessarily and obviously claims the prerequisite of the police’s carrying out these actions. This enables people to be aware of what actions may be taken by the police against illegal circumstances, therefore, their right and benefit can be guaranteed.
Article 2 of Taiwanese Police Act provides the duties of the police and article 9 introduces the police power. This arrangement is somewhat similar to that of Japan and Germany in terms of the form of legalization, adopting the innovative action of separating ‘duties’ from ‘power’. Looking at the controversial deriving from current situation, it can be found that the content of our Police Act is rather rough, and that to some extent it falls behind that of Japan and Germany, either. It can be accepted, therefore, that how to adjust the act concerning police power is the most important issue in the research of jurisprudence nowadays.
After World War II, focusing on the police’s democratic control over people, Japan held an innovation of the police in two dimensions: one is the dimension of the system and organization of the police, and the other is the power and duties they have. The previous act in Japan containing administrative execution and police regulations is replaced by a new one that justifies the police’s obligation to perform duties. In addition, the performance of duties is stipulated and viewed as the legalization of their prompt and powerful actions. Moving to our act concerning the power the police have, the core is the act of administrative execution which is stipulated on the basis of Japan’s. Though the historical background is not the same, we aim to achieve the same goal that enhancing the police’s democratic control over people as Japan does, which highlights two principles of being law-ruled as well as human right-centered mentioned above. This dissertation, thus, attempts to study how to reconstruct the act of police power in Taiwan, based on the innovation of Japanese act about police power before and after the World War II.
The dissertation consists of five chapters:
Chapter one explores first the unsound running of police power by examining seven cases. Next, it reviews the relevant literature and addresses the issues relating to the content and methodology of this research.
Chapter two discusses the rationale of police power including ‘the duties and power of the police’, ‘the principle of the constraint provided in performing the power’, and the like.
Chapter three analyzes the act of the power aiming at Japanese police, for example, ‘the formulation and development of the act’.
Chapter four examines the act of the power in Taiwan covering the weakness of its development and innovation as well as the content.
Final chapter suggests the accessible way to reconstruct the act of the power focusing on Taiwanese police from three aspects─‘the system of legalization’, ‘the content included in ideal act of the police power’ and ’the reaction and adjustment of relevant acts’.
|
|---|
