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Research On Right Of Visitation And Search In Taiwan

Posted on:2020-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:M L SuFull Text:PDF
GTID:2416330590977994Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Right of visitation and search is an important means to do administrative duties and maintain social public order,and it is also one of the most important components of police authority.Right of visitation and search is mainly divided into five types:stop,inquire,frisk,carrying,breath test,with basic characters such as doubt offense,immediacy,mandatory,discretionary and restricting power.However,there are unique normative system of right of visitation and search in Taiwan.Right of visitation and search is good for not only maintenance of social public order but protection of citizen's legal right.So it is important to pay attention to procedure and scope of right of visitation and search,establish basic principles,and clearly emphasize the limitation of the time,site and object of the right of visitation and search.According to the different objects,the specific implementation methods can be divided into personal identification,frisk,entry place to visitation and search and breath test.Compared with Taiwan,there are some differences in the legislative system,the subject of enforcement,the procedural matter and the relief of channels of the right of visitation and search on The China mainland.
Keywords/Search Tags:right of visitation and search, probable cause, necessary limits, protection of human rights
PDF Full Text Request
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