Study of the Appraisal Analysis and the Quantification Method to Discriminate the Responsibility of the Tunneling Disaster

• Main Authors: liao ming cheng, 廖明誠
• Other Authors: 李煜舲
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/29848501611900177846

碩士 === 中華大學 === 土木工程學系碩士班 === 92 === When the disaster of tunneling happened, the discrimination of responsibility often involves the sponsor unit, the investigation unit, the designing department, the constructor and so on. On various units, the responsibility of mistake is particularly not clear in the contract implementation, and grows the project dispute event. If effectively reduces the dispute to have to admire set of standardized the processing criteria and the standard. It can avoid disputing, asking to recompense, the lawsuit case occurred. The aim of this research is drawn up the processing flow chart of the tunneling disaster that taken account with the appraisal processing, the operational procedure, the method of execution of appraisal analysis and the revision of quantification method to discriminate the responsibility. The appraisal table presented used as the standard to discriminate the responsibility is investigated for the domestic tunneling host institution grinding the acceptance and the implementation. According to the result of judgment arbitrated the processing case by the disaster, the quantification method to discriminate the responsibility is compared. The result obtained is shown that the differences are not big when the arbitration asks to recompense with determines compensates the amount to share the proportion to make the analysis to compare. So, demonstrated this measurement responsibility ownership appraisal table firmly may apply to tunneling disaster matter processing when does loses sparsely for various units responsibility shares the standard and obtains the conclusion below by way of the research and the measurement analysis result. (1)In recent years, the owner has many experiences to deal with the tunneling disputed processing, and gradually makes the revision to the unreasonable contract provision. The causes when dispute processing may discuss the space to increase the case also to reveal the reduction. (2)If sponsor unit when will subscribe will decide the project contract the multi- consideration legal effect to be possible to reduce the dispute occurrence that the project disaster disputed the processing law origin basis also has the civil law besides the contract provision. (3) The suggestion subscribed in the contract decides the project disaster the appraisal of provision and explains the disaster process, the appraisal of job procedure and the appraisal of work to carry out the method (Contains the qualifications and the necessary condition of the appraisal committee members), the appraisal report compose the form and the content. Of course the both sides should approve the appraisal results. (4) The supposed appraisal committee shall be latterly established in the three day at the disaster accident began, and the appraisal committee members are supposed to contain the academic circles and the engineering public figure. If the disaster situation is complex may employ the expert or consultant assists. (5) According to the results obtained shown that the responsibility of the tunneling disaster discriminated by the weight common owner to approximately compose 50-70%, the contractor approximately composes 30-50%, and mostly creates the construction risk enhancement for the geologic agent to be the result of