It is a fundamental principle in all rule-of-law countries that all matters involving restraint on the physical freedom must be prescribed by law, whereas matters involving restrictions on property right may be prescribed either by statutes or by regulations explicitly authorized by law, depending on the degree of restriction. Where the law has express provisions dealing with personal bodies, it is not prohibited that competent authorities be specifically and explicitly authorized by law to put such provisions into effect. Nor does the law prohibit the issue of ordinances by competent authorities under the general authorization of law if such ordinances are designed to regulate only such incidental matters as concerning details and technicalities. The Domestic Violence Prevention Act specifies in Article 20, Paragraph 1, the agency empowered to execute protection orders and the procedures for the compulsory execution of protection orders for monetary payment, but is silent in respect of the procedures and methods to be followed by police authorities in enforcing protection orders requiring no monetary payment. It only provides by way of general authorization under Article 52 that "the rules governing the enforcement of protection orders and handling of domestic violence cases by police authorities shall be established by the central competent authority." While this is not contrary to the Constitution, it lacks provisions for the procedures and methods to be followed by police authorities in enforcing such protection orders as well as specific and explicit authorization with respect to the contents of such rules. Inasmuch as protection orders may involve either actions to be taken against personal bodies or compulsory execution against property (See the Domestic Violence Prevention Act, Articles 13 and 15), such actions and the process of execution, in consideration of the opinion given above, must be respectively prescribed by law or by ordinances to be issued under specific and explicit authorization of law, and the competent authorities shall accordingly cause amendments to be made to relevant statutes to bring them into accord with the intent of the Constitution in protecting the right of the people.　

　　The government authorities in charge of administrative execution under the Administrative Execution Act include, in cases of monetary payment, regional offices under the Administrative Enforcement Agency, Ministry of Justice, and for other matters, the authority making the original administrative act or an agency in charge of such matters (See the Administrative Execution Act, Article 4). Under the Domestic Violence Prevention Act, the police authorities are charged with the duty to enforce protection orders other than those requiring monetary payment. Thus, before the relevant statutes are amended as ordered above, the police authorities, in the course of enforcing protection orders in specific cases, may apply mutatis mutandis the procedures set forth in the Administrative Execution Act and take appropriation actions for the purpose of enforcing such orders.

　　It is a fundamental principle in all rule-of-law countries that all matters involving restraint on the physical freedom must be prescribed by law, whereas matters involving restrictions on property right may be prescribed either by statutes or by regulations explicitly authorized by law, depending on the degree of restriction. Where the law has express provisions dealing with personal bodies, it is not prohibited that competent authorities be specifically and explicitly authorized by law to put such provisions into effect. Nor does the law prohibit the issue of ordinances by competent authorities under the general authorization of law if such ordinances are designed to regulate only such incidental matters as concerning details and technicality. This was held by this Yuan in previous cases. Based on this reason, Article 52 of the Domestic Violence Prevention Act providing that "the rules governing the enforcement of protection orders and handling of domestic violence cases by police authorities shall be established by the central competent authority" gives rise to no question of unconstitutionality. And the Regulations Governing the Enforcement of Protection Orders and Handling of Domestic Violence Cases by Police Authorities promulgated by the Ministry of Interior, as the competent authority, on June 22, 1999, are not in conflict with the intent of the legislature in authorizing the making of such rules. Paragraphs 1 and 2 of Article 19 of the Regulations provide respectively: "When enforcing the turnover of a minor child, the police authorities may determine the time, place and manner of turnover by taking into consideration the opinions of the victim and the opposite party," and "If the police authorities encounter any difficulty, making it impossible to complete the process of turnover referred to in the preceding paragraph, the facts of such execution shall be recorded and reported to the court issuing the original protection order." These Paragraphs set out details in respect of protection orders issued by the court, and cannot be said to be against the law.　　

　　The so-called "civil protection order" in the Domestic Violence Prevention Act refers to the order issued by the court either upon petition or ex officio, to a person who engages in domestic violence, for the purpose of preventing the occurrence of domestic violence by granting protection to the victim or the minor children thereof or any other specific member of the family. Article 20, Paragraph 1, of the Act provides that "the execution of protection orders shall be the duty of police authorities; provided, however, that a protection order for monetary payment may serve as a executive title by which a motion for compulsory execution may be filed with the court." The provision merely specifies the agency charged with the enforcement of protection orders and the process of enforcing protection orders for monetary payment. While Article 52 of the Act authorizes the making of rules on the execution of cases involving no monetary payment, it does not provide for the procedures and methods to be followed by police authorities in enforcing such protection orders; nor does it grant specific and explicit authorization with respect to the contents of such rules. Inasmuch as protection orders may involve either actions to be taken against personal bodies or compulsory execution against property (See the Domestic Violence Prevention Act, Articles 13 and 15), such actions and the process of execution, in consideration of the opinion given above, must be respectively prescribed by law or by ordinances to be issued under specific and explicit authorization of law, and the competent authority of the government shall accordingly cause amendments to be made to relevant statutes to bring them into accord with the intent of the Constitution in protecting the right of the people. To give some examples, it may be desirable to specify clearly in the Domestic Violence Prevention Act the agency responsible for the enforcement of protection orders other than those requiring monetary payment and that the procedures to be followed in enforcing such orders must be based on the Administrative Execution Act or the Compulsory Enforcement Act; if authorization will be granted for the making of rules of execution, detailed provisions should be incorporated in the Act with respect to the mutatis mutandis application of such statutes in the execution of, inter alia, the duty to act and not to act.　　

　　The government authorities in charge of administrative execution under the Administrative Execution Act include, in cases of monetary payment, regional offices under the Administrative Enforcement Agency, Ministry of Justice, and for other matters, the authority making the original administrative act or an agency in charge of such matters (See the Administrative Execution Act, Article 4). In case of judgments delivered by courts of all levels, they are enforced in principle by the competent district court pursuant to the Compulsory Enforcement Act. The judgments may also be enforced by the administrative authorities pursuant to the Administrative Execution Act on mandate if it is so specifically provided by law (See the Administrative Proceedings Act, Article 306, Paragraphs 1 and 2). In such a case, the administrative agency with the power of execution is also a competent authority within the meaning of Article 4 of the Administrative Execution Act. Under the Domestic Violence Prevention Act, the police authorities are charged with the duty to enforce protection orders other than those requiring monetary payment. Thus, before the relevant statutes are amended as ordered above, the police authorities, in the course of enforcing protection orders in specific cases, may apply mutatis mutandis the procedures set forth in the Administrative Execution Act and take appropriate actions for the purpose of enforcing such orders.