A Legal Research on the Regulation of Special Businesses in Taiwan
Date Issued
2007
Date
2007
Author(s)
Lai, Chien-Hung
DOI
zh-TW
Abstract
Traditionally, the businesses including ballrooms, dance halls, wineshops, bars, special coffee and tea shops, audiovisual singing services, barbershops and sauna houses have been collectively called Special Businesses or Eight Businesses, and strictly regulated by central and local governments in Taiwan. However, nowadays no special laws or regulations regarding Special Businesses at central rank are promulgated and self-government ordinances are instead the main source of regulatory rules. To begin with, this thesis looks into the regulation of Special Businesses from a historical perspective with different regulatory phases divided by significant regulatory policies and rules, in an effort to realize what were the origin and background of such regulation and to understand whether any problems had arisen therefrom and whether such problems were solved in the following phases.
Secondly, on the basis of the historical analysis, this thesis continues to introduce and analyze the current situation of the regulation of Special Businesses by dividing the regulatory rules into different aspects and combining special regulatory rules for Special Businesses with general ones for ordinary businesses, so as to outline the current regulation in Taiwan and to lay the groundwork for the examination with the principle of "rule of law". After the analysis of current regulation, this thesis introduces the essential principles of the concept of the "rule of law" (or "Rechtsstaat" in German), which can be used as criterions to examine whether the regulation of Special Businesses in Taiwan conforms to such principles. The examination includes the nature of local self-government ordinances, whether such ordinances can restrict human rights, the relationship between such ordinances and the principle of legal reservation (or "Prinzip des Gesetzesvorbehalt" in German) and the exploration of the conformity between the regulatory rules and the essential principles of "rule of law" such as the principle of legal reservation, the principle of proportionality (or "Grundsatz der Verhältnismäβigkeit" in German), the principle of clarity of law (or "Bestimmtheitsprinzip" in German), the principle of prohibition against unreasonable connection (or "Koppelungsverbot" in German) and the principle of judicial remedy (or "Justizgewährung" in German). Lastly, the final part of this thesis contains the basic introduction concerning relevant regulation and legislative trend in other countries and the conclusion and suggestions of this thesis.
Subjects
特種營業
特種行業
八大行業
法律保留原則
自治條例
Special Businesses
Business Providing Erotic Services
A State of "
Rule of Law"
/Rechtsstaat
The Principle of "
/Prinzip des Rechtsstaat
The Principle of Legal Reservation/Prinzip des Gesetzesvorbehalt
Self-Government Ordinances
Type
thesis
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