| 摘要註: |
「警察法」係警察之基本大法，我國警察法於民國42年6月15日制定公布，施行迄今已逾56載，共歷經四次修正，修正之條文內容僅針對局部性之修正。而我國警察法學發展至今，大部分係承襲歐陸警察法學，可惜的是，我國警察法並未因受到歐陸警察法學之影響，而針對警察法做一整體性的檢討修法。然而在憲法的規範下，行政部門行使權力須受到權力分立的制衡與監督，在這種情形下，就警察行政來說應如何使警察具備充分的權限，便需要回歸法治國原則，以依法行政及正當法律程序等措施行使職權，避免警察權氾濫情況發生，確保人民權利與福利。 由於警察法之範圍甚廣，其內容包括：基本原則、警察組織法、警察人員法、警察作用法及警察救濟法。故本文探討重點僅集中於涉及人民權益甚深之基本原則、警察任務及警察職權，藉以明瞭法治國原則下警察法之基本規制、現行警察任務之規定及警察行使職權之困境暨警察行使職權，造成人民損害之救濟制度詳加論述，並嘗試提出修法芻議，以解決目前警察實務工作上遭遇的困境，期能在法治國原則下建立更完善之警察制度。 “Police Act,” considered the basic law of the police, was formulated and promulgated on June 15, 1953. It has been 56 years ever since its enactment, and the Act had been amended for four times. Should any amendment be required, only partial amendment was made to the contents of the clauses. In fact ever since the Police Act of Taiwan was developed, a majority of its clauses inherited the related clauses of the Police Acts of European countries. Unfortunately, although the Police Act of Taiwan was directly influenced by the Police Acts of the European countries, there was no overall review made before the amendments of the Police Act of Taiwan. Nevertheless, under the standards of the Constitution, when the administrative departments are exercising their powers, they have to be controlled and supervised by separated powers. Under these circumstances, speaking of the police administration, the issue about how to make the police possesses limited but sufficient powers has to be governed by the principles of a constitutional state administered by laws. The police should take such measures as laws-based administration and legitimate legal procedures to enforce their duties, exercise their powers, avoid the abuse of police powers, and ensure the rights and benefits of people. Since the area of the Police Act is very broad, with contents covering Basic Principles, Police Organization Act, Police Constables Act, Police Functions Act and Police Relief Act, the paper mainly investigates the basic principles that deeply involve the rights and benefits of people, the missions of the police, as well as the duties and powers of the police. The paper intends to present the basic rules and systems of the Police Act under the principles of a constitutional state, the assigned missions of today’s police, the police’s difficulties in exercising their duties and powers, and the relief system once the police’s exercising of their duties and powers creates harm to people. On all these issues, the paper makes detailed discussions. Besides, the paper attempts to give proposal for the amendment of the related acts so as to solve the difficulties encountered by the police in their practical work. It is hoped that under the principles of a constitutional states, a more complete police system can be established in Taiwan. |