The Study on Enforcement Administrative Investigation-Focus on Inbound Passenger Animal and Plant Quarantine

• Main Authors: JYAN, MING-HORNG, 簡明宏
• Other Authors: HUNG, CHIA-YIN
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/6vk5vf

碩士 === 東吳大學 === 法律學系 === 105 === The administrative coercive investigation is the useful methods of inquisition into facts and evidences that the government usually used in order to collects data or information, in use of the specific administrative purpose, or restraining and clamping down on any violation of administrative regulations. However, the launching and proceeding of administrative coercive investigation is involved in privacy, personal freedom, and property right based on assurance of the constitution. Therefore, that is the important issue and key problem that the operated the administrative coercive investigation is under constitutionality how to simultaneously to achieve both the specific administrative purpose and protecting basic human rights of the people. Administrative coercive investigation is used on inbound passenger animal and plant quarantine. The inspectors of the Bureau of Animal and Plant Health Inspection and Quarantine, Council of Agriculture, Executive Yuan inspected the baggage of inbound passenger in the airport or seaport in order to prevent the animal, animal product, plant and plant product that violated the animal or plant quarantine regulations imported to Taiwan by the baggage of inbound passenger and keep Taiwan from the animal infectious animal disease, plant disease and pest damages through the baggage of inbound passenger. Therefore, inbound passenger animal and plant quarantine is the very important measure to promote the development of Taiwan’s agriculture, protect natural resources and safeguard the health of our people. On the other hand, inbound passenger animal and plant quarantine is the major measure of the border controls. This thesis focuses on the following issues concerning administrative coercive investigation including the concept, meaning, categories, execution, security of fundamental rights, and administrative remedy of administrative coercive investigation. And also on the principle and methods of administrative coercive investigation, and the perpetuation and function of evidence. In addition, this thesis discus the above-mentioned issue focus on inbound passenger animal and plant quarantine. This study hope could clarify the legal system and institutions of the administrative coercive investigation, especially on the animal and plant quarantine and offer some advises.