The Study on the Legislation of the Classified National Security Information —Focus on the President Criminal Immunity and President State Secrets Privilege
| Autor: | LIANG, HSIN-YUEH, 梁馨月 |
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| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 102 Due to the tide of democracy that has set a trend in modern countries, government agencies’ policies and practices have headed towards the direction of information disclosure and administrative transparency, thereby fully protecting the people’s “right to know”. However, in order to ensure national security and interests, information involving state secrets should be kept confidential. Controversies over state secrets and freedom of information are focused on which information should be kept confidential and which disclosed, who should decide specific information to be disclosed, the massive gap between perceived approval levels, and other issues. Hence, in addition to analyzing our nation’s legal system and discussing foreign legislation and related regulations, the implication, weight, and legal basis of “freedom of information” and “national security” were explored to examine the legitimacy and applicability of the law and demonstrate possible controversies that may arise. In addition, a prosecutor from Taiwan High Prosecutors Office put forth analysis and recommendations for conflicts arising from national security and freedom of information from the perspective of former president Chen Shui-bian’s “State Affairs Fund” application case. The significance and scope of the president’s state secrets privilege were further explored, whether the interrogation and statement of national security matters within the scope of national secrets privilege, or whether the representation and delivery of evidence involving the president jeopardize national interest. In view of this, the discussion in this paper starts with the history of the Classified National Security Information Protection Act. Under the premise that the government’s free flow of information is protected, since the ancient times many countries have implemented criminal sanctions as a means of protecting state secrets and have set up special laws to protect state secrets and assess the scope of state secrets under protection.In terms of the applicable laws, the government has also adopted the Government Information Act as the general norm governing the government’s information disclosure. The Classified National Security Information Protection Act shall prevail.The said act is a particularly important part of the government’s information disclosure system. Views and opinions of the current legal system shall serve as a reference for judicial authorities when handling similar cases, thus ensuring the public’s right to know and implementing “ supervision by all people”, as well as practicing the principles of administrative neutrality and administration by law. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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