Summary: | 碩士 === 雲林科技大學 === 科技法律研究所 === 97 === Modern governments rely on the expertise of agencies. Those agencies need to collect and use information. They need information to make the rules necessary to implement and assess the execution of the policy and ensure compliance with the policy. With the advancement of information technical, the rapidity of network communication, complexity of information loader, the speedy, efficient, free and open values do have great impacts on the traditional investigative methods and legal system. Right now, Congress has enacted the Administrative law, the Administrative Punishment Law, and the Administrative Procedure Law. Those regulations provide people the protection of fundamental rights. However, there is no general rule to govern administrative inspection. Relating rules are provided in individual rules, and enacted for practical necessary. Thus, to examine the present statute about administrative inspection, we need to clarify the fundamental theory. This paper aims at constituting the legal system on collecting information, which conforms to the principle of the rule of law and protection individual rights. There are several focal issues in this paper, such as the legal basis of investigative power, the relationship between agency and individual, the due process of various collecting methods etc.
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