A Study on the Possibility of Applying Public-law Foundation to the Legal System in Taiwan

• Main Author: 彭傑義
• Other Authors: Dr.Chun-Chen Hsu
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/44637442917969514123

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 96 === Due to the changes of national functions, all modern nations have to bear more and more duties. Therefore, a nation has the right to choose different administrative organizations or administrative methods to fulfill its duties and to set up the public incorporation thus is one of the administrative methods. Each nation has a different public incorporation system by passing through a long period of evolution since it had been created in Europe. This thesis will introduce public incorporation system completely at first and compares our nation’s public incorporation system with that of German’s, France’s and Japan’s. Especially in our nation, we introduced administrative incorporation to our nation lately to break through our traditional public incorporation system. Therefore this thesis will bring administrative incorporation into our traditional public incorporation system in order to update it. Besides administrative incorporation, our public incorporation system also contains public-law corporation, public-law establishment and public-law foundation. But in our nation, the unfamiliarity in the concept of public-law foundation always causes it to be regarded as private-law foundation. This misunderstanding may cause administrative organs won’t be restricted by public-law principal. So this thesis will introduce the concepts of public-law foundation completely. Private-law foundation is usually called foundation in our nation even though it is established by administrative organs. This thesis will introduce the concept of foundation completely at first and discuss the foundation that was established by administrative organ at the end to analyze what kind of legal nature it is. Finally, this thesis will discuss the result of analysis. It has to take some measures to avoid the foundation that will not be restricted by public-law principal if its legal nature is private-law foundation. It has to establish public-law foundation system to avoid administrative organs from abusing its right to choose different administrative organizations and administrative methods to fulfill its duties if it’s public-law foundation.