The study on Administrative Inspection in the Coast Guard Department

• Main Authors: Chou,Chen-Chang, 周政璋
• Other Authors: Wang,Fu-Ching
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/xph486

碩士 === 國立雲林科技大學 === 科技法律研究所 === 105 === The Coast Guard is committed to maintaining the orders of the coast and of the territorial seas of the Taiwan area. In addition to protecting resource rights, the safety of the nation and citizen’s rights. The Coast Guard Administration is a coastal law enforcement organization established by the government. There are many kinds of applicable laws when the coast guard institutions execute various duties such as administrative inspection. This study aims to discuss the legal nature of administrative inspection and the relation between Judicial Yuan Interpretation No. 535th. and administrative inspection. The study scope focus on the Coast Guard Administration’s legal missions and No.5 of “Guidelines to Perform Coast Guard Duties”, including general inspection, Safety inspection, road inspection and boarding and Inspection. When the coast guard institutions execute administrative inspection, it is often connecting to criminal investigation. The point of time of “distinction” and “transformation” may have a great effect on the human rights. It needs to discuss whether Judicial Yuan Interpretation No. 535th has restriction of administrative inspection. The study finding is that The Coast Guard Administration still doesn’t have coast guard personnel’s duty administration. This study also come up with some suggestions to protect the safety of law enforcement personnel and the human rights. According to the legal principle of “a right without remedy is not a right” and “a right will be a right only if accompanied by remedy”, the coast guard institutions execute administrative inspection by the law. This study analyzes the administrative appeals and administrative litigations to discuss the administrative inspection and administrative act whether conforming the legitimate of law process and how to seek relief and compensation.