| Summary: | 碩士 === 佛光大學 === 公共事務學系 === 104 === The Immigration Act on February 5, 2015 correction performed, whether it is authority in charge of the Ministry of the interior, the Immigration Department of the active identification, or through the courts ruled that does not need to be contained, can be in accordance with the law on the subject of forced evictions abroad action foreigners make alternative housing new system;
But after amending the law, legal system corresponding to the level of speaking, but found that once housed cumulative expiration limit the number of days, National Immigration Agency, Ministry of the interior, will be in accordance with the law can't again temporarily given asylum, who include amending the law before have been accommodated, usually containing the cumulative number of days of the expiration of the only shall be forced to disposal of the alternative accommodation, when by inmates in the knowledge that could not be accommodated is bound to the more unwilling to cooperate with expulsion of the execution of going abroad. And after the amendment of the asylum system, to implement the Constitution in Article 8, paragraph 1 guarantee free intention still has its limits, base on the existing state, the desire to understand foreigners holding system is the guarantee of human rights, as well as substitute for foreigners to accept a system of legal issues, and try to reconcile method is proposed in this paper.
In this study, we choose the case study method of qualitative research as the main axis, with in-depth interview method and literature analysis as an auxiliary. In depth interview method to interview a total of 9 practitioners, the literature analysis of the relevant literature contains books, papers, periodicals, government departments, network information, newspapers, magazines, etc.. Research content, mainly divided into two main, the derivative, second foreign experience analysis, both supplement each other, divided by the literature to carry on the discussion, this study in depth interview for derivative and foreign practice experience understanding, to develop viable strategies, finally to replace the asylum system and put forward suggestions for improvement.
The results of the study showed that law derived problems: 1. There is no similar anti dementia or remedy legal mechanism, 2. Alternative housing organizations could be constraint, 3. No longer accepting, difficult to ensure that expelled abroad concerns. Mechanism of derivative problems: (1) may illegally loopholes, 2. The judicial process is too long, not necessarily standard. Immigration office and judicial organs lack a clear link mechanism. Execution derivative problems: 1. Alternative housing follow-up betting human overly huge, 2. Countries because of the extra cost should be the real difficult to calculate, 3. Relevant supporting measures are inadequate, 4. Lack education and training and other controls. The ways to improve, such as: 1 to relax the priority of the replacement of asylum conditions, 2 to ensure that the replacement of the resettlement of people by the placement of the public and private sectors to be developed, 3 basic living conditions related to the establishment of supplementary mechanisms, etc..
Key world：alternative housing new system、 illegally immigranls、 foreigners 、 The Immigration Act
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