| Summary: | 碩士 === 長榮大學 === 經營管理研究所(在職專班) === 94 === Taiwan International Commercial Ports amended partial article of chapter 3 and 4 of the Regulations on Wharf and Transit Sheds at Commercial Port for privatization on the stevedoring and warehousing operations in Jan.2004. Because the individual context conflicted with the regulations, and drove a lot of issues for covering privatization. Law for Promotion of Private Participation Infrastructure Projects promulgated in Feb.2000. The Port Authority runs wharf and transit shed facilities whether based on the Commercial Port Law or Law for Promotion of Private Participation in Infrastructure Projects, the concurrence of laws was perplexed at the authorities. Government Procurement Act assized in May 1998. Tendentiousness occurred repeatedly on selection investor procedure. Administrative Procedure Act enacted in Mar. 2000, the current privatization law correspondence with Principle of legal reservation and Principle of explicit authorization by law was remaining to be discussed. The above-mentioned laws should be conferred on applications.
This thesis is studied by historical research, inductive approach and comparative approach. The privatization on the stevedoring and warehousing operations was illustrated and stated its history, status and relevant regulations. As well as collected the data from Keelung, Taichung and Kaohsiung Ports. The conclusions and suggestions are summarized below.
1.Before the Regulations on Wharf and Transit Sheds at Commercial Port in 2004, there were two methods for privatization, one was to run wharf and transit shed facilities, and the other was to run ship cargo stevedore, after amending only a running wharf and transit shed facilities.
2.The relevant laws and regulations of privatization on the stevedoring and warehousing operations are Commercial Port Law, the Regulations on Wharf and Transit Sheds at Commercial Port and Law for Promotion of Private Participation in Infrastructure Projects. The application and evaluation law for running wharf and transit shed facilities is Government Procurement Act. The supervision and administration law for privatization is the Regulations on Port Services at International Commercial Port. The article of lease for running wharf and transit shed facilities is in Civil Code Part Ⅱ Obligations. There are presented items by the paper.
3.The concurrence of laws in Commercial Port Law and Law for Promotion of Private Participation in Infrastructure Projects is to amend article 12, to append 12-1 in Commercial Port Law, and to delete subparagraph 1 of paragraph 4 of Article 2 in The Enforcement Rules of Law for Promotion of Private Participation in Infrastructure Projects.
4.The rule of article 84-1 and 90 of the Regulations on Wharf and Transit Sheds at Commercial Port violates the Administrative Procedure Act of Principle of legal reservation and Principle of explicit authorization by law. The suggestion is to amend paragraph 3 of Article 15，Article 23-2 in Commercial Port Law, and to amend Article 90 in the Regulations on Wharf and Transit Sheds at Commercial Port. There is an explicit authorization by Commercial Port Law for approval application, abolishment and concessions in the chapter 4「ship cargo stevedore operator」.
5.A state-run or private enterprise according to chapter 3 of Regulations on Wharf and Transit Sheds at Commercial Port has an agreement with the government, runs ship cargo stevedore ,and should follow chapter 4 article 84-1 and 86 to apply the commercial port authority for a permit. In accordance with the spirit, it is not proper the right of public law is vested in contracts of private law.
6.Because inexplicit authorization by law, it is not proper for commercial port authorities to constrain ship cargo stevedore operator to give priority to hire existing stevedores. The commercial port authorities could coordinate private enterprise to hire existing stevedores legally.
7. The Detailed Regulations for running wharf and transit shed facilities is a class of Directions. Its contents of application and evaluation should be according to Government Procurement Act and its relevant rules.
8.The agreements of running wharf and transit shed facilities are lease. To respond the change of economy and management circumstances, the agreements could be amended through negotiation and discussion based on the mutual benefit or frustration of contract.
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