Studies on Amendment of The Communication Security and Surveillance Act and its Dilemma in Practice

• Main Authors: Chung-Mao Chen, 陳崇貿
• Other Authors: Shuai-Lian Deng
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/51901933433256507897

碩士 === 國立中山大學 === 政治學研究所 === 104 === Article 12 of “Constitution of the Republic of China”, “The people shall have freedom of privacy of correspondence.” The aim is to prevent people’s correspondence from arbitrary interference by others in the country. But the governance can implement the communication interception in order to ensuring national security and maintaining social order. To balance the dilemma of both side, governance make “The Communication Security and Surveillance Act”, to regulate the administration of judicial, administrative authorities and the carriers, and implement the spirit of the constitutional protection of the fundamental rights of the people. Communication security and communication surveillance are two opposite concept. Since the enforcement of “The Communication Security and Surveillance Act”, it has through many times reformed. On the scale of justice, the law code has moved to the Communication security. But we can hear that the government is still illegal to do the communication surveillance. Even the “September Political Struggle” occurred in September 2013, was arising from the abuse of communication surveillance. This also led to modified “The Communication Security and Surveillance Act” again at the end of 2013. Further exploring, we can find that “The Communication Security and Surveillance Act” still has many shortcoming, and the places for improvement, so this theme is really need to be studied deeply. In sum, this study is based on the research method of is five major frameworks of administrative law, which are Basic Principle, Administrative Organization, Administrative Authority, Administrative Remedy and Administration Supervision.This study also adopts approaches of literary research, comparative analysis and inductive reasoning, aim to inspect “The Communication Security and Surveillance Act” current situations and the practice dilemma. And then put forward specific recommendations. By the suggestion may let “The Communication Security and Surveillance Act” become better.