The Research of Criminal Responsibility of Civil Disobedience
Date Issued
2014
Date
2014
Author(s)
Chang, Chia-Ting
Abstract
Recently, the contrivercy between people and Taiwan Government, enterprises are growing. For example, on March 18, due to the Ma administration forced the Cross-Strait Service Trade Agreement through without due process, Taiwanese occupied the Parliament to end this democratic crisis. They called for a citizen constituteional assembly, spurned the Agreement, and demanded that the Agreement monitoring mechanism be institutionalized in this legislative term. The movement had been called "Sunflower Movement", referred to the use of sunflowers by the protesters as a symbol of hope as the flower is heliotropic. This term was popularised after a floristry contributed 1000 sunflowers to the students outside the Legislative Yuan building. Participants and legal academic advocated the movement being civil disobedience, which can be justified in law theory.
Civil disobedience means the active, professed refusal to obey certain laws, demands, or commands of a government, or of an occupying international power. Nevertheless, it is not a precisely legal concept. Directly claiming that the act of civil disobedience can be justified in law theory is jumping to conclusions. Therefore, this research is about what is “civil disobedience”, and how it affects the criminal legal evaluation of participants of citizens’ protest.
Subjects
公民不服從
可罰違法性理論
相對輕微型
公民抗爭
太陽花學運
318學運
SDGs
Type
thesis
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