政一B 邱科翰 (10)

姓名 : 邱科翰

班級 : 政一B

學號 : 07114248

[標題] : France considers 'all options' to quell violent protests, 03/12/18, CNN

[內文] : Paris (CNN) — The French government is considering "all options" to control protests against rising fuel prices that have turned violent in Paris over the last three weeks, a spokesman said Sunday.

Speaking on France's Europe 1 radio, spokesman Benjamin Griveaux said the government is thinking about steps to prevent "serious outbursts of violence," including introducing a state of emergency.

More than 400 people were arrested and 133 injured in Paris on Saturday in clashes between police and protesters with the "gilets jaune" or "yellow vest" movement, who are protesting rising gas prices and taxes on polluting forms of transport.

An estimated 36,000 people demonstrated in Saturday’s protests across the country, marking the third consecutive week of such demonstrations, according to the French Interior Ministry. About 53,000 participated last week and about 113,000 the week before.

Griveaux said that between 1,000 and 1,500 people joined Saturday's demonstrations "only to fight with the police, to break and loot." He added that those protesters "have nothing to do with the yellow vests."

Footage shared by French police on Saturday showed a few demonstrators striking a police vehicle and smashing its windshield. Other videos captured burning cars and police firing tear gas to disperse protesters.

French Interior Minister Christophe Castaner had mentioned a state of emergency, Griveaux said.

Justice Minister Nicole Belloubet told reporters at a Sunday press conference those involved in Saturday's protests would face "a very firm response from the criminal justice system." Some will be brought up for trial as soon as Monday, according to the minister.

Asked about the possibility of a state of emergency, Belloubet said, "I am not sure we have reached that stage quite yet. I think there are other options."

French President Emmanuel Macron held an emergency meeting with top officials on Sunday just hours after returning from the G20 summit in Argentina. In a statement, Macron paid tribute to law enforcement and rescue teams who "showed unrelenting bravery throughout the day and evening."

Macron also "stressed the importance of judicial follow-up so that none of the acts committed remains unpunished," the statement added.

Rising fuel prices are largely attributed to a leap in the wholesale price of oil worldwide.

But the protests have evolved into a broader demonstration against Macron, his government, and tensions between the metropolitan elite and rural poor.

Many protesters are angry with Macron for extending the environmental policies that were first implemented by former President François Hollande.

The violent protests and vandalism in Paris have "absolutely nothing to do with the peaceful demonstrations of a legitimate unhappiness or discontent," Macron said on Saturday at a news conference in Buenos Aires, where he was attending the G20 summit.

"No cause justifies that security forces are attacked, shops pillaged, public or private buildings set on fire, pedestrians or journalists threatened or that the Arc de Triomphe is sullied," Macron said.

Those responsible will be identified and taken to court, he added.

Upon his return to Paris on Sunday, Macron immediately visited the capital's Arc de Triomphe -- a flashpoint in Saturday's violent protests -- to "take stock of the damage" and pay tribute to the tomb of the unknown soldier at its base, CNN affiliate BFMTV reported.

He also met with police officers and firefighters who worked to contain the protests, BFMTV said.

——

[相關憲法條文] : 

憲法第十四條 : 人民有集會及結社之自由。

憲法第二十二條 : 凡人民之其他自由及權利，不妨害社會秩序公共利益者，均受憲法之保障。

憲法第二十三條 : 以上各條列舉之自由權利，除為防止妨礙他人自由、避免緊急危難、維持社會秩序，或增進公共利益所必要者外，不得以法律限制之。

憲法第三十九條 : 總統依法宣布戒嚴，但須經立法院之通過或追認。立法院認為必要時，得決議移請總統解嚴。

憲法增修條文第二條 (部分)  : 總統為避免國家或人民遭遇緊急危難或應付財政經濟上重大變故，得經行政院會議之決議發布緊急命令，為必要之處置，不受憲法第四十三條之限制。但須於發布命令後十日內提交立法院追認，如立法院不同意時，該緊急命令立即失效。

憲法增修條文第十條 (部分) : 經濟及科學技術發展，應與環境及生態保護兼籌並顧。

[相關法律條文] : 

法國緊急狀態法 (非法條原文, 是法國官媒的英文說明) : The measures give a number of exceptional powers to the authorities, including the right to set curfews, limit the movement of people and forbid mass gatherings, establish secure zones where people can be monitored and close public spaces such as theatres, bars, museums and other meeting places.

The state of emergency also gives more powers to the security services and police, such as the right to conduct house searches at any time without judicial oversight, enforce house arrest and confiscate certain classes of weapons, even if people hold them legally.

There are even provisions for ensuring control of the press and radio. (BBC)

戒嚴法第一條 : 戰爭或叛亂發生，對於全國或某一地域應施行戒嚴時，總統得經行政院會議之議決，立法院之通過，依本法宣告戒嚴或使宣告之。

總統於情勢緊急時，得經行政院之呈請，依本法宣告戒嚴或使宣告之。但應於一個月內提交立法院追認，在立法院休會期間，應於復會時即提交追認。

戒嚴法第七條 : 戒嚴時期，接戰地域內地方行政事務及司法事務，移歸該地最高司令官掌管，其地方行政官及司法官應受該地最高司令官之指揮。

戒嚴法第八條 : 戒嚴時期接戰地域內，關於刑法上左列各罪，軍事機關得自行審判或交法院審判之。

一、內亂罪。

二、外患罪。

三、妨害秩序罪。

四、公共危險罪。

五、偽造貨幣有價證券及文書印文各罪。

六、殺人罪。

七、妨害自由罪。

八、搶奪強盜及海盜罪。

九、恐嚇及擄人勒贖罪。

十、毀棄損壞罪。

犯前項以外之其他特別刑法之罪者，亦同。

戒嚴時期警戒地域內，犯本條第一項第一、二、三、四、八、九等款及第二項之罪者，軍事機關得自行審判或交法院審判之。

戒嚴法第九條 : 戒嚴時期，接戰地域內無法院或與其管轄之法院交通斷絕時，其刑事及民事案件均得由該地軍事機關審判之。

戒嚴法第十一條 : 戒嚴地域內，最高司令官有執行左列事項之權：

一、得停止集會結社及遊行請願，並取締言論講學新聞雜誌圖畫告白標語暨其他出版物之認為與軍事有妨害者。

上述集會結社及遊行請願，必要時並得解散之。

二、得限制或禁止人民之宗教活動有礙治安者。

三、對於人民罷市罷工罷課及其他罷業，得禁止及強制其回復原狀。

四、得拆閱郵信電報，必要時並得扣留或沒收之。

五、得檢查出入境內之船舶車輛航空機及其他通信交通工具，必要時得停止其交通，并得遮斷其主要道路及航線。

六、得檢查旅客之認為有嫌疑者。

七、因時機之必要，得檢查私有槍砲彈藥兵器火具及其他危險物品，並得扣留或沒收之。

八、戒嚴地域內，對於建築物船舶及認為情形可疑之住宅，得施行檢查， 但不得故意損害。

九、寄居於戒嚴地域內者，必要時得命其退出，並得對其遷入限制或禁止之。

十、因戒嚴上不得已時，得破壞人民之不動產。但應酌量補償之。

十一、在戒嚴地域內，民間之食糧、物品及資源可供軍用者，得施行檢查或調查登記，必要時并得禁止其運出，其必須徵收者，應給予相當價額。

戒嚴法第十二條 : 戒嚴之情況終止或經立法院決議移請總統解嚴時，應即宣告解嚴，自解嚴之日起，一律回復原狀。

——

心得評論 : 

The riots in Paris might’ve stirred topics concerning the right of public gatherings, right of adequate living standards, freedom of speech and assembly, and many more social-economical aspects. But none of that would be my focus this time. I would, instead, be centring on what the French prime minister was currently considering as a response to the riots — the state of emergency. 

Closely inspecting the French law on the state of emergency, and it seemed that “state of emergency” to the French have more in common with “martial law” to the Taiwanese. The SoE grants superior power to the President of France to effectively tackle serious threats to the state. From police power without judicial oversight and prohibition of public gatherings, to curfews and heavily armed gendarmes on the streets. While the power to proclaim a SoE was protected in the ROC constitution as an exclusive right of the president, the ROC constitution didn’t detail the content or limits of the SoE. This led to many legal professionals and parliament members to call for a codification of the SoE, in order to clarify and prevent possible power abuse. What Taiwan has codified, and has more common basis with the French SoE, is its martial law system. 

“Martial law” basically means military oversight of most state affairs, effectively trashing the civilian government, and thus should only be proclaimed in, well, a state of emergency (surprise, surprise). The French state of emergency didn’t exactly grant military takeover of the state, but it did offer nearly unchecked power to the law enforcement agencies, which also includes the gendarmes, a branch of the French armed forces. Under the French SoE laws, law enforcement agencies could even close religious/cultural sites, prompting arguments that it violated the right of religious worship and the equal status of religions. The forced banning of assemblies, strikes, and setting up certain “security zones”, in which security forces could restrict and monitor citizens without informing them, are all traits also featured in the martial law structure of the ROC. Since the ROC constitution didn’t explicitly state the limits of the presidential declaration of a SoE, it is debatable whether a martial law or a SoE is more severe under current legal structures. Whatever the answer may be, these powers should only be used under the most extreme circumstances, because it hugely compromised basic civil rights (Ex. Taiwan experienced “the White Terror” during the martial law era, still a sensitive topic to this day). Did the riots in Paris meet the requirements to proclaim a SoE? It is up to the French parliament to argue. 

PS. In remembrance of the tenth weekly edition and UFA match week, I hereby present....... this special edition, surprise, surprise !! This is the first time, since the start of the semester, that I quoted a news source other than the BBC, WOW!