Case Studies of Consumer Joint Claim for Compensation on Community Disaster：“Taipei Doctor’s House”and“Taichung Der-Chan Community”

• Main Authors: Yu-Sheng Hwang, 黃鈺生
• Other Authors: 王方
• Format: Others
• Language: zh-TW
• Published: 2001
• Online Access: http://ndltd.ncl.edu.tw/handle/24939064674369964871

碩士 === 銘傳大學 === 公共管理與社區發展研究所碩士在職專班 === 89 === Epitome of dissertation In this dissertation, I will explore the procedure of the joint claim by communities, which claimed damages caused by earthquake, through examples of “Taipei Doctor’s House”and“Taichung Der-Chan Community”. This research and observations revealed that for a long time in our country there are serious defects in both structure and management of architecture industry. Builders did not properly deal with issues concerning the safety, maintenance, defects, and consumers’ controversies of buildings. The government also did not establish an effective mechanism for improvement. There are no proper measurements for consumers to take when they have disputes during the process of purchasing their houses. Once the disaster of earthquake hits, urgency demands actions. An initiative was mobilized by the core members of the communities suffered from the disaster, with the participation of the sufferers and the assistance of social professional personages. However, the government could not provide the aid to satisfy the sufferers’ need for help and reconcile the sufferers’ emotion of objection. The suffered consumers finally combined the outside resources to launch social movements. In addition, personal observations by joining the campaign of request for compensation by the suffered communities, and analysis of the information collected, we found that in Taiwan during the campaign of request for compensation, social movements and judicial compensation co-exist at the same time. And it has been a common phenomenon. After further examining the connection of these two factors, we realize that: 1.With regard to the suffered communities launching the community movements, there were a few favorable factors. First, the initiation of the core figures, for the establishment of self-help organization was the key element for success. Secondly, taking advantage of the outside resources is very helpful to the success of the movements. Lastly, the demonstration was reported by the media to gain large public support. However, there were still a few unfavorable factors. The government public service did provide some proper assistance in time, and that had converted the voice of objection. Also, before the internal agreement could be reached, the initiation of community movement could not begin. 2.With regard to the suffered consumers’ request for compensation jointly, there were a few favorable factors. First, judicial units and prosecutors offered the assistance for appeal, and were very effective. Secondly, help from organization of consumer protection and professional personage is beneficial to solve the events of total casualty. The unfavorable factors were the differences in demands of individual sufferer and the unwillingness of builders to compensate influenced the consensus to be reached, and the builders intentionally blocked the sufferers from outside resources by forces. 3.The suggestions of this research include: (1).For establishing and assisting community organization: we shall help communities to found the self-governing mechanism, encourage the use of public rights to assist in solving the arguments of community consumption, but not to cause confrontation, and promote the social awareness to create a warm and caring society. (2).As for reviewing and rectifying the laws of consumer protection in the parts of group suing: we shall reinforce the practice of consuming education, enlarge the range of the group that has the ability to sue, sponsor the appealing in group by government, assist the appealing in group by administrative authorities, supplement the law of consumer protection concerning rule of appealing in group, and expedite the process of judging of appealing in group. (3).As for reviewing the law and managing system of construction: we shall review the rules of construction, put the system of inspection and management of construction into practice thoroughly, establish the system of builder’s guarantee, and assist enterprises to found the mission of permanent operation. (4).The researches suggested afterward are: the research on the establishment and operation of the helping system for the disasters happen in Taiwan, the research on the relevant issues in the process of community reconstruction, and the research on the actual cases of appealing in group. Key phrases: “community movement,” “appealing in group,” “ request for compensation jointly,” “921 chi-chi earthquake”