| Summary: | 碩士 === 中央警察大學 === 外事警察研究所 === 106 === Since the establishment of the National Immigration Agency (hereafter referred to as NIA) in the state/ROC, numerous undocumented migrant workers have run away while they were being taken in or repatriated by the NIA's detention centers and specialized operation brigades, which has raised the public's attention and condemnation. Guarding and control of detainees have become a high priority for the NIA's internal supervision. However, as international human rights continue to evolve and make an ever stronger impact, the authorities are obligated to consider lessening their tight grip regarding the confinement of detainees in keeping in line with contempory human rights, but then also somehow must generate ways to reduce the ensuing increase in runaway detainees and resultant punishments as a result of the lessening of this grip. The current situation of severe punishment meted out to the frontline guards is perhaps inappropriate due to the aforementioned adaptations in confinement, and must be reviewed by the decision makers. Due to criminal and administrative penalties, these frontline guardians use sometimes overly strong levels of enforcement in order to protect themselves but abuse detainees' human rights in the process. Therefore, to improve detainees' human rights substantially, mitigating the legal responsibilities of both detainees and guardians should be put into consideration.
Unlike in the past, where detention of the accused and imprisonment under surveillance were both implemented as well as studied by scholars over a long time, and continuously revolutionized, "alternative detention" is a new and strange administrative measure, as found in the amendment to the Immigration Act.From its implementation until now, there are plenty of practical operations that must be considered and improved. A person undergoing alternative detention is not a national, but an alien who is unwilling to exit the state. An alternative measure adopted to guarantee his or her successful departure is definitely a mission with contractictory complications at present. With respect to human rights, it is an extremely advanced and benevolent measure. As long as difficulties and problems confronting aliens and administrative authorities can be overcome, it is believed that a win-win situation can be created for both entry-exit regulations and human rights obligations.
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