行政法强制执行之困境与职务协助

Plight of Administrative Enforcement and Work Posts' Assistant

我国台湾地区行政机关因人力、财力及物力不足,以及人员训练不足、缺乏法律专业素养,经常仰赖警察机关之协助。早期台湾地区在行政法上实施所谓的脱警察化,未料近年来却有逐渐回复先前之警察国家化情形。行政机关缺乏强制力也属于立法之问题,法规经常缺乏赋予行政机关强制力,由于强制力执行时经常会遭受阻碍,行政机关也习以为常地要求警察机关协助,久而久之形成常态,而不符合职务协助之要求。

In Taiwan, since there is human, financial and material resources shortage of administrative bodies, the lack of training and legal professionalism of the personnel leads to the requirement of the police assistance frequently. In early times, the so-called off-police was carried out in Taiwan Region, but unexpectedly there is some trend of restoration in these years. The administrative body being lack of coercive force is a legislative issue. And since so, the administrative enforcement faces many difficulties and needs the police assistant habitually, which becomes a normal condition day by day, being not in line with the reouirement of work posts＇ assistant.