| Summary: | 碩士 === 東吳大學 === 法律學系 === 103 === In this paper, the study of civil disobedience and the criminal law. It includes the basic idea of civil disobedience and in-depth understanding of its development process, civil disobedience is to protect the constitutional status, as well as civil disobedience faced criminal law issues and even in the final with the corresponding solutions proposed. They settle civil disobedience ideas and difficulties encountered actuality, which was the most important purpose of this writing. Through this article, in addition to be acquainted with civil disobedience deeply , and to define the elements of civil disobedience, so that no longer an abstract concept and difficult to apply in the past. In dealing with actual cases, this definitions can be seen clearly to find the true, even on the basis of the applicable law can also at the court. There is a total of 90,000 words in this paper, roughly divided into the following chapters, as follows:
1.Chapter One is introduction in which research motivation, purpose, method and paper architecture.
2.Chapter Two is about the ideological and evolution of civil disobedience , is a comprehensive ancient and modern scholars, who talked about civil disobedience representative scholars thought, mainly were Socrates, Thoreau, John Rawls and domestic scholars Chen Xin-min. In timing according to the doctrine of development, the study is summarized the important theoretical. Furthermore, to distinguish between civil disobedience and "Widerstandsrech."
3.Chapter Three is constitutional values of civil disobedience which to show. First, through constitutional guarantees of fundamental rights of freedom of assembly, and in fact only civil disobedience as a way of act time. Therefore found that civil disobedience is also guaranteed by the Constitution the context；Second, the study examines conducted a representative case of civil disobedience in Taiwan. ”The Wild Lily Student Movement” in Taiwan is currently the oldest and largest social movement. “Sunflower Student Movement” is made think of this writing, and this campaign to the general public a broader understanding of civil disobedience ideas. Finally, “the Anti-Windmill Incident”, has been the practice of the judgment may refer until now.
4.Chapter Four is tensions between civil disobedience and criminal law. The study mainly discussed a similar Necessity which can be apply to the affirmative defense of criminal law. When he/she have the lawless and guilt, in my humble opinion of this paper, which can still be at sentencing given its reduced side to appropriate disposal method.
5.Chapter Five is the conclusion and recommendations. In summary, though there are not yet sufficient on the ideological and the law of civil disobedience, we make recommendations and hope to provide a reference and give advice all sectors of criticism.
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