Study on the Application of Indefinite Legal Concepts in Police Power Exercise Act

• Main Authors: Pai-Hsiao Fan, 白曉帆
• Other Authors: Professor Hsuan-Lin Wang
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/zq27sw

碩士 === 中國文化大學 === 法律學系碩士在職專班 === 107 === Abstract The core principle of a country under the rule of laws is democracy. However, according to article 23 of Constitution of the Republic of China: “All the freedoms and rights enumerated in the preceding Articles shall not be restricted by law except by such as may be necessary to prevent infringement upon the freedoms of other persons, to avert an imminent crisis, to maintain social order or to advance public welfare.” To maintain social order, the exercise of police power is necessary. When the policemen exercise duties, they usually adopt intervention measures to achieve administrative or criminal purposes and therefore easily cause problem in related with freedoms and privacy. If policemen exercise duties pursuant to laws, it would be satisfactory to the rule of laws. On contrary, it would violate basic human rights protected by the Constitution. Some indefinite legal concepts are existed in question people or roadside check related articles of Police Power Exercise Act. It is easily cause public without knowing whence or whither when policemen exercise intervention duties with indefinite legal concepts. Therefore, policemen would have blur in cognition of roadside check based on indefinite legal concepts and easily result in infringement of freedoms or passive duty exercise of policemen. It is suggested to establish enforcement rules regarding the indefinite legal concepts over question people or roadside check otherwise; Next, add requirements of surveillance system installation at public areas for maintain traffic order and traffic accident in paragraph 1 of article 10 regarding the basis of surveillance system installation. It is hoped to be helpful with policemen in practice. Keywords: country under the rule of laws, basic human rights, Police Power Exercise Act, question people, roadside check, power exercise, freedom, privacy, surveillance system installation.