The Practical Benefits of Juvenile Probation System:From the point of view in analysing Legal Policy:taking the limited right in taking examinations of juveniles on probation.

• Main Authors: Tai-chi Li, 李泰吉
• Other Authors: I-ming Liao
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/233acm

碩士 === 國立高雄大學 === 政治法律學系碩士班 === 101 === “Children and youth social welfare and right protection” in a country are important national policies, as well as an important issue in Taiwan. Although this important field is still under development in laws, with the rise of awareness of fundamental rights of citizens in recent years, relevant issues have been elevated to the level of the Constitution. Because the concepts of social welfare and their related rights are excessively complicated, it seems that the protection for probated juveniles who went astray once in their youth is particularly weak. In addition, teenagers are at this transition period where there are dramatic changes in their physiology, psychology and social role and status. Therefore, their demand for social welfare (e.g. sound school education, psychological consultation, counseling and care, life support, protection and provision of placement and leisure activities) provided by the society is the strongest. This study investigated the marginalized life stage of probated juveniles, and found that they keep looking for ego and outlet in the stream of life. At this stage, teenagers face many problems and challenges. This study investigated the disqualification for military joint examination of probated juveniles. Moreover, according to the concepts of modern democratic countries and based on the spirit of “constitutionalism,” the fundamental human rights should be not arbitrarily restricted. The restrictions to fundamental human rights cannot be justified until they meet the spirit of the Constitution. In Taiwan, the qualifications for school entrance examinations, military joint examination and national examinations are strict. Many people participate in such examinations every year. The right to “hold examinations” is a national public authority. In addition, it is particularly stipulated in the Constitution in Taiwan that the right to “participate in examinations” is a fundamental human right. To protect the fundamental rights of people, executive or legislative authorities should not arbitrarily impose restrictions on the “right to participate in examinations” and should comply with the spirit of the Constitution. This study preliminarily investigated the legitimacy to cancel the restrictions on qualifications for examinations according to the principles of legal policies, Constitution-related fundamental rights and administrative laws one by one. According to the research results, this study inspected the existing laws and regulations in the “Legal Policy Analysis on the Substantive Effect of Juvenile Protective Measures and Systems – Taking the Restrictions on the Right to Participate in Examinations of Probated Juveniles for Example” from the perspective of principle of proportionality, and found that the negative provisions concerning the qualifications for participation in examinations violate the Constitution and should be amended and improved.