| Summary: | 碩士 === 國立中正大學 === 會計資訊與法律數位學習碩士在職專班 === 105 ===
There are so many human rights protection issues related to police duties, including personal freedom, rummage, interrogation, detention and transfer of criminal……etc. These duties are clarified in the Con-stitution, being discussed in the Constitutional Court and also being found to have some academic discussions. The Police in the representative of the country perform the public authorities including interference the execution, banning and administrative enforcement. Without care, the power might violate the human right easily. The police are the first line law-executor. Along with the rise of civic law literacy, the police not only have to deal with the various cases of public security and traffic accident, but also have to protect people's rights. Especially, when point-policeman are directing the traffic, maintaining the public security, and cracking down the danger drivers, their behaviors might have lots of to do with people. Dealing with the issues concerning the traffic offenders` arguments, the claims of legitimate of law practice, and even state compensation during the services, are now unavoidable topics for the police.
Base on the Constitution in the democracy country and the principle of executing by law, people's rights are free from government`s unreasonable interference. Without the law and the authorized orders as the basis, administrative organization shall not interfere people`s rights. Furthermore, even if“the administrative discretion right” permits administrative organizations can judge independently, different policemen can make different decisions in the same event or even the same police could make different decisions to different people at the roughly same situation though. Of course, in police education, police had been taught repeatedly that under the administrative discretion right, police should abide by "the principle of proportionality," ”principle of equality before the Law “ “principle of legitimate expectation” in order not to violate people`s rights. But in practice, it is really difficult to set the standard of the relative required handling techniques, and how to address the specific situation of law disputes.
In this study, we focus on how police deal with those cases that people did not abide the law and put themselves in dangers first, and then got hurt due to their carelessness and what responsibilities the police should take. We study about how the police can react in similar situation. As a result, we take how the point-policemen being treat in the traffic accidents as the reference to analysis what elements can lead to state compensation events caused by civil servants` works, the association between point-police service and the state compensation, circumstance of service execution, the law basis, legal facts of the case, the pros and cons of lack of standard operating procedures. All in all, we make the final recommendations that the National Police Agency should improve the "SOP, Standard Operating Procedure," revise the law of state compensation, face the difficulties the police have while executing service, we hope that the judge will respect police`s discretion right, and let "law" "reason" "love", “favoring” being considered under administrative ethics.
Keywords: Accurate process of law, state compensation, administrative discretion, SOP standard operating procedures, the principle of proportionality, the principle of equality before the law, the principle of legitimate expectation.
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