The Balance between Social Order and the Freedom of Emergent and Accidental Assembly and Parade

• Main Authors: SU,SHIH-EN, 蘇士恩
• Other Authors: JHANG,GUEI-MEI
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/yx5dr3

碩士 === 開南大學 === 人文社會學院公共管理碩士在職專班 === 105 === With the development of society and the progress of science, people's education level grows and Self-awareness rise that many behaviors consider seem as drilling legal loopholes has gradually find a position in the Constitution. In the case of emergencies and occasional assemblies and parade, this new form of assembly is difficult to re-examine with formal legal. However, for the right of regulating assemblies and parade, the position of Government must be safeguarded, as well as other free rights, avoiding emergencies and maintaining social order even enhancing the public interest. Therefore, legal policy of regulating assemblies and parade should also keep pace with times, in addition to conform to nowadays social trend, but also take into account the Government to protect the interests of all people's goals. The interpretation No.718 and No.445 claim that the economy environment doesn't change a lot so the petitioner's provisions of unconstitutional articles should be rejected the act claims that the conservative attitude ignores the right of justices and the proper attitude toward the constitution. With the background of the Assemblies and Parade Act, it gives out lots of contents of the interpretation No.445. If we compare the interpretation of the emergency of No.445 and No.718, and even look over every version of the revision draft of the Assemblies and Parade Act, we can offer some suggestions of the revision of the constitution.