| 英文摘要 |
This paper is based on the phrase to prevent all hazards in Article 2 of the Police Act. First, to understand the concept of hazard and concepts that are similar to hazards, and explain the reason for improperly associating of hazards with public order and social security. It then proposes two judgment modes as subjective and objective, concrete and abstract. Furthermore, the paper attempts to revise the contents of the Police Enforcement Act and Assembly and Demonstration Act by explaining the interaction between the two modes and illustrating it with two cases. This paper advocates using a reasonable forecast to determine strength of suspicion and quantify the degree of danger. Considering the characteristics of police duty, reasonable forecast is further divided into semblance risk and suspicion of danger. For the sake of conforming to the principle of proportionality to protect human rights, we evaluate damage quantity and damage approaching significant risk, present danger, immediate imminent danger, and imminent danger. The concept of hazard must be related to the enforcement of police authority with respect to the Police Enforcement Act and Assembly and Demonstration Act. |
