A Study on the Discipline Management Measures upon the Police

• Main Authors: Kai-Ming Liu, 劉鎧銘
• Other Authors: Hwai-Tzong Lee
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/w35mxg

碩士 === 國立中興大學 === 法律學系碩士在職專班 === 106 === 　　Under the state based on justice and integrity, the police officers are the street-level bureaucracy, facing the citizens on the frontline and representing the government. The major missions, duties characteristic, people''s moral obligation expectations and qualifications of the police officers are quite different from other public servants. The discipline requirements of police officers are naturally stricter than other public servants. However, due to the rise of the human rights awareness today, the government should not sacrifice the protection of police officers’ fundamental rights to retain supreme power anymore. Compared with the high-pressure control of “special rights relationships” in the past, the fundamental rights of the police officers should be paid much attention. From the perspective of the police fundamental rights, this thesis focus on the interventions of police officers’ fundamental rights which caused by the police discipline control measures. The thesis also checks that whether the discipline control measures comply with the basic rule of law. 　　The police are the public servant, so they have the duty to obey the disciplinary requirements. The thesis compares the police officer with other public servants, and introduce management theory and leadership theory into the police discipline management, finding the best way that can manage the police discipline effectively and appropriately. Due to the characteristics of the police, it is necessary that police discipline should be under control, and should be stricter than other public servants, but how to manage it legitimately is the core of this paper. This thesis can break away from the shadow of the “special rights relationships”, based on the basic principles of the rule of law, and try to follow the basic principles of the Constitution and Administrative Law, and explore the legality of the “sobriety test before duty”, “spy on police officers after duty”, and “check the nightclub”. 　　This study asserts that there are still “special rights relationships” in the current police disciplinary control measures, excessive intervention in the basic rights of the police. The discipline control measures should comply with “the principle of legal reservation“, “the principle of proportionality“, “the principle of purpose-specific“ and “the good faith principle“. From the view of respecting the basic rights of the police, the study proposes to improve the current police discipline management system.