從警察全能到健康困境: 台灣警察勤務變革與健康權的歷史考察

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Title:	從警察全能到健康困境: 台灣警察勤務變革與健康權的歷史考察
Authors:	李偉民;MIN, LI WEI
Contributors:	歷史研究所
Keywords:	違警罰法;動員戡亂時期;行政協助;警察組織;警察組織;健康權
Date:	2024-08-13
Issue Date:	2024-10-09 17:21:47 (UTC+8)
Publisher:	國立中央大學
Abstract:	1949年政府遷台，同年12月7日中央政府各機關相繼來台辦公，1972年7月15日內政部警政司恢復編制為「內政部警政署」（以下稱警政署），並與先成立的臺灣省政府警務處合署辦公。遷台之初，國家處於動員戡亂時期，為穩定社會秩序及安定人心，〈違警罰法〉成為當時警察的尚方寶劍，從告發、偵訊、裁決到執行、救濟，全在警察機關完成，造就了「全能警察」，直至1990年經司法院釋字第251號解釋宣布違憲，1991年實施〈社會秩序維護法〉，〈違警罰法〉始走入歷史。而當時兵馬倥傯，人心飄搖，為鑑別人口良莠，遂將戶政業務撥交警察機關主政，即所謂的「戶警合一」。俟動員戡亂時期終止，戶政業務始回歸民政單位。1995年3月1日消防署脫離警察機關，獨立掛牌運作，即所謂的「警消分家」。2000年1月28日海巡署成立，海洋巡防、海岸安全檢查工作自警察機關移出。2007年1月2日成立入出國及移民署（現為內政部移民署），從警察機關接手移民及外籍人口查察工作。隨著勤業務移撥及組織變革，警察工作非但未曾減少，反被本業以外的「行政協助」壓縮了正常勤務運作，造成員警額外負擔而影響健康。警察勤務運作從勤畢後需全天候於勤務單位待命服勤，到現今勤務結束後即可離開，經過多年演變，已越來越趨於人性化規劃。然而高張力的工作環境、不可預知的治安狀況、輪班超時服勤，作息不正常及身心壓力導致滋生慢性病危險因子。經統計警察人員平均壽命短於國人平均壽命，亦有 3 種主要死因發生率高於國人十大死因發生率。 20 1 9 年 11 月 2 9 日司法院釋字第 785 號解釋揭櫫健康權的意涵，並要求權責機關修改法令及各業務性質特殊的公務機關於 3 年內訂定框架性規範。考試院、行政院及內政部就此紛紛修法及訂定相關規定，無疑為改善輪班服勤的公務人員身心健康邁出了一大步。本研究從警察組織變革、勤務制度演變及司法院釋字第 785 號解釋後相關因應作為，並實地與退休及在職警察人員口述訪談，整理老、中、青三代警察人員口述紀錄分析、整理後提出建言，翼望對於警察機關勤務運作及促進警察人員健康有所助益。 ;ABSTRCT In 1949, the ROC government moved to Taiwan. On December 7 of the same year, various central government agencies came to Taiwan to work one after another. On July 15, 1972, the Police Department of the Ministry of the Interior was reorganized into the "Police Department of the Ministry of the Interior" (hereinafter referred to as the Police Department), and was The office of the Taiwan Provincial Police Office was established first. At the beginning of the move to Taiwan, the country was in a state of war. In order to stabilize social order and calm people′s hearts, the "Police Violation Punishment Law" became the sword of choice for the police at that time. From reporting、 interrogation、 adjudication to execution and relief, it was all in the police agency. It was completed and the "all-powerful police" was created. It was not until 1990 that the Supreme Court declared it unconstitutional. In 1991, the "Social Order Maintenance Law" was enacted and the "Police Violation Punishment Law" began to enter history. At that time, people′s hearts were in turmoil. In order to distinguish the good from the bad in the population, the household registration business was transferred to the police, which was the so-called "household police integration". Once the period of mobilization to fight the rebellion ended, the household registration business returned to the civil affairs units. On March 1, 1995, the Fire Department separated from the police agency and operated independently, which is the so-called "split of police and fire departments." On January 28, 2000, the Coast Guard was established, and the marine patrol and coastal safety inspection business was transferred from the police agency. The Immigration Department (now the Immigration Department of the Ministry of the Interior) was established on January 2, 2007, to take over the immigration and foreign population inspection work from the police. With the simplification of police business and organizational changes, police work has increased instead of decreasing. Normal service operations have been squeezed out by "administrative assistance" outside the industry, causing burdens beyond the normal duties of police officers and affecting their health. After years of evolution, police service operations have evolved from being on call around the clock and becoming more and more humanized. However, the high-stress working environment, unpredictable security conditions, overtime shifts, abnormal work schedules and Physical and mental stress is a risk factor for developing chronic diseases. According to statistics, the average life span of police officers is shorter than the average life span of the Chinese people. Three of the top ten causes of death among Chinese people are higher than that of the Chinese people. On November 28, 2009, the Judicial Yuan Interpretation No. 785 explained the meaning of the right to health and required the responsible agencies to amend the law and formulate framework regulations within three years for various public agencies with special business nature. The Examination Yuan, the Executive Yuan and the Ministry of the Interior have revised laws and formulated relevant regulations in this regard, which is iv undoubtedly a big step towards improving the physical and mental health of public servants working in shifts. This study focuses on the historical evolution of the police organization, the evolution of the service system, and the interpretation of the Judicial Yuan We conducted on-site oral interviews with retired and serving police officers, analyzed and analyzed the oral records of the three generations of police officers, namely old, middle and young police officers, and put forward suggestions after sorting them out, hoping to improve the service operation and promotion of the police agency. The health of police personnel has been helped. Keywords: the Period of National Mobilization for Suppression of the Communist Rebellion, Administrative Assistance, Police Administration, Police Service, Right To Health.
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