Legislative Direction of Stalking－the Inspiration from Stalker Control Law of Japan

• Main Authors: Ya-Lun Lu, 呂雅倫
• Other Authors: Tien-Yi Chang
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/3ggymy

碩士 === 中原大學 === 財經法律研究所 === 104 === 　　It is a thorny problem for every country that stalking arising everywhere in the world and results in serious criminal crimes. However, more than decade ago, many countries have been paying attention to stalking and have been legislating against stalking gradually, hoping to effectively deter such behavior which is likely to lead a high risk crime. 　　Although Taiwan is also aware of the seriousness of stalking, it is only in accordance with Social Order Maintenance Act, Domestic Violence Prevention Act ,Sexual Harassment Prevention Act, Gender Equity Education Act and Act of Gender Equality in Employment for the depending rules. Furthermore, because the element of behavior and the binding subject are different on these rules and only can asking for administrative penalty, Modern Women''s Foundation requires Taiwan learning from other countries to legislate against stalking. However, because free love is the constitutional right which cannot be limited by law imprudently, it is necessary to clarify the judgment standard of the law. 　　Region and culture in Japan is similar to Taiwan. More than decade ago, Japan had legislated stalking prevention act and has some initial achievement. Basing on the Japanese laws, this study introduces the Japanese laws first, then comparing with a draft of stalking prevention act of Taiwan secondly, and trying to make the anti-stalking legislation which is consistent with Taiwan''s culture to solve the stalking problems finally.