A study on Police Power Related Questions- Centered on Traffic Stop

• Main Authors: YAN,JANG-WEN, 顏證文
• Other Authors: Hsieh shih shian
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/9c34z7

碩士 === 高苑科技大學 === 經營管理研究所 === 106 === Police enforce Traffic Stop (stops, checks) , usually needs to intervene the people's rights and freedoms. The interpretation No. 535 was announced on Dec. 14, 1990. This helped promote the publication of the "Police Power Exercise Act." The law also expressly the traffic Stop . However, the public still has doubts about the police's execution of traffic Stop. In the course of the police's execution, they often face the phenomenon of people reject check and escape, it often result in the use of firearms and car chase.It always cause casualties of Policeofficer、refusals and innocent third parties. Therefore, the purpose of this dissertation is to study the legality of the traffic Stop, and thre relevance to public security and traffic, and discuss the difficulty of car chase and the use of firearms . and provides research and improvement methods to enhance the safety of police officers on duty to reduce casualties. The relevant data of this study was collected from the Kaohsiung City Police Department of seventeen precinct, and actual research from the office (190 people) engaged work done outside. It also combined with the literature review and actual case in recent years that has attracted social attention and researchers' long-term practical work experience over the past 20 years, , the results and recommendations are as follows: 一、The traffic Stop has a high degree of over-regulation of legalities, and the relevant legal authorization is clear. 二、There is a high correlation between traffic Stop and public security and traffic, and the higher the traffic Stop density (rate), the negative correlation between the improvement. 三、It is proposed to amend the 10th of the " Standard of uniform penalties for violations of road traffic management incidents ", to promote it to the law level that can provide more clear step to protect the police officers from handling the details 四、The research shows that the police officers was afraid that the main cause of the use of machinery, in the event of casualty follow-up lawsuit problems and the critical situation, it is difficult to determine whether to immediately use the machinery 五、The amendments have to improved - the Road Traffic Management and Penalty Act about the people reject check and escape .Must be incrase penalties to protect police officers. 六、The establishment of the use of appraisal committees to assist the police officers in the use of police equipment to deal with follow-up litigation issues. The democratic society emphasizes human rights and the legitimacy of law enforcement procedures, that is, administration according to law. It is hoped to provide reference by the findings and recommendations of this study. Expected that the law enforcement of the police will comply with relevant laws and regulations, taking into account human rights and law and order