The Legal Study of Anti-Stalking: Focus on Comparison with the Relevant Laws in the Legal System of United States and Taiwan

• Main Authors: CHEN, CHIEH-I, 陳潔宜
• Other Authors: WANG, CHIN-LI
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/g8683u

碩士 === 國立高雄科技大學 === 科技法律研究所 === 107 === Stalking continuously occurs worldwide and is a complex phenomenon. It has become a thorning social problem and even crime problem. Stalking seriously infringes on the rights of privacy, life, property, and freedom of action, makes the victims falling into fear, and may lead to significant harm or death to the victims. “Law” restrains the “offender” and guarantees the safety of the majority. Twenty years ago, many countries had subsequently been studying the behavior of stalking problem and have set rules to handle the stalking action, such as that the United States, Germany and Japan have established relevant laws and regulations to regulate stalking behavior specification. Subsequent to the legalization of stalking in many countries worldwide, Taiwan is still under discussion in Legislative Yuan, Republic of China (Taiwan). Till now, only the Domestic Violence Prevention Act, Social Order Maintenance Act, and the Sexual Harassment Prevention Act can standardize the stalking. Since these laws differs from constitutive requirements and the specifications object, some stalking behavior may not be able to set up or should wait for the offender to reach the need to deal with this problem. As our society began to attach importance to stalking behaviors and hoped to deal with such issues, the Legislative Yuan therefore proposed the draft of “Anti-Stalking and Harassment Law” in 2015, and then introduced the “Draft Anti-Stalking bill” in 2017 in order to deal with the situation that stalking cannot handle with by establishing a particular law. In this research, basing on the Anti-Stalking Law in United State and comparing with the “Draft Anti-Stalking bill”, the aim is to sort on the stalking, understand the United States attitude and trend of stalking, and clarify the definition of stalking. This research is hoped that this comparative law could help to put forward suggestions on the legislation of the "Draft Anti-Stalking bill" and to construct the direction of legislation in Taiwan.