A Study on Legal System of Assembly and Parade

• Main Authors: Chun-shiang Yin, 尹俊翔
• Other Authors: Deng, Shuai-liang
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/3spvsj

碩士 === 國立中山大學 === 政治學研究所 === 96 === As it’s proclaimed in Article 14 of Constitution of the Republic of China that “The people shall have freedom of assembly and association,” the government shall stipulate associated laws to protect people’s freedom to exercise the said right. However, since the practice of Constitution, owing to political environment, the constitution of laws guaranteeing people’s freedom to exercise the right of assembly and parade had been delayed for a long time. Assembly and Parade Law was not promulgated until Jan. 20, 1988 after the martial law declared to be ended. Hence, people can claim the right of assembly and parade and police authority can execute tasks regarding order maintenance accordingly. Nevertheless, the said Law was stipulated under the time and environment that the concept, “Value Society Security above Human Right” being purposely reinforced. Therefore, controls over people’s basic rights still remained therein. Though Assembly and Parade Law was amended twice and supported by Interpretation of Shih-Zih No. 445 made by Council of Grand Justices, there seemed no changes made on the entire regulation and the shadow of controlling still existed. Therefore, unceasing criticism was generated arguing that it is violation of Constitution. As a result, it’s essential to make a research on how to formulate the legal system of assembly and parade that will “protect people’s freedom of assembly and parade” as well as “maintain social orders.” The legal system of assembly and parade of Republic of China is examined herein by the basic methods of administrative law, namely, the five major frameworks, including administrative principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision from every respect and viewpoint. Meanwhile, bibliography exploration, historical narration, comparative analysis, and generalization analysis are adopted as the principal research approaches to explore whether there’s any improvement required regarding “Legal System of Assembly and Parade” on the basis of five major frameworks of administrative law. Additionally, practical implementation and suggestions for regulations and actions concerning future assembly and parade are hereby provided to achieve the goal of protecting people’s freedom to assemble and parade and maintaining social orders as well. With the exploration by means of five major frameworks of administrative law, the assembly and parade legal system of Republic of China has formed the prototype as that of countries ruled by law. However, problems such as inappropriate system design, incomplete decrees and laws, uncertain legal concepts and unclear meanings as well as rigid adherence to bureaucrat system still remained in the existing legal system of assembly and parade of Republic of China. As a whole, restriction exceeding protection is also the major cause generating criticism against the legal system of assembly and parade presently. Under this condition, it would result in endless “Police-Civilian Conflicts” emerged upon assemblies and parades and even the freedom and right that people have for assembly and parade will be violated illegally. The governor shall examine the problems dwelling in assembly and parade legal system of Republic of China on the basis of five major frameworks of administrative law one by one as soon as possible and further to review and perform modification. This is exactly the method of radical reformation and solution.