The Study upon the Liability of the State Compensation regarding to the Construction and Management of the Public Facilities after Privatization

碩士 === 國立高雄大學 === 政治法律學系碩士班 === 97 === The trends of privatization emerged in the late 1980s,our nation caught the trend and implementing the policy of privatization. The policy of privatization not only including privatizing the state enterprise but also letting the private sector to provide public...

Full description

Bibliographic Details
Main Authors: Yan-ling Chen, 陳彥伶
Other Authors: Heng-Ying Lai
Format: Others
Language:zh-TW
Published: 2009
Online Access:http://ndltd.ncl.edu.tw/handle/rtj6b3
id ndltd-TW-097NUK05772005
record_format oai_dc
spelling ndltd-TW-097NUK057720052019-05-15T19:28:16Z http://ndltd.ncl.edu.tw/handle/rtj6b3 The Study upon the Liability of the State Compensation regarding to the Construction and Management of the Public Facilities after Privatization 公共設施民營化後因設置或管理有欠缺之國家賠償責任 Yan-ling Chen 陳彥伶 碩士 國立高雄大學 政治法律學系碩士班 97 The trends of privatization emerged in the late 1980s,our nation caught the trend and implementing the policy of privatization. The policy of privatization not only including privatizing the state enterprise but also letting the private sector to provide public service by using contract. Thus there laws to coordinate this policy(ex. Statute of Privatization of Government-Owned Enterprises and Act for Promotion of Private Participation in Infrastructure Projects…etc) ,however, this article discusses whether the state compensation has retreat under the circumstance of privatization. Besides, regarding to the issues, firstly this article tries to understand theory behind the State Compensation Law and the theory of tort that concerning the default of public facility. This article believes that understanding these theories can enhance interpreting articles that in need. Regarding to matters of the defection regarding the development and management of public facilities that caused damage, the cause of action among the Civil Code is article §184 and §191, which this article will discuss how to interpret it. In addition, this article focus on the public facilities after privatization, and will compare the difference of the facilities before privatization and after privatization. Thus the article concerning the liability of state compensation lied on the State Compensation Law §3, which also concerns the nature of the public facilities. Furthermore, this article investigate issues by dividing into two situations, that is the method of interpreting State Compensation Law §3 upon public facilities before privatization. And the other situation is the method of interpreting State Compensation Law §3 upon public facilities after privatization. Moreover, the default of public facilities also relate to the interpretation of State Compensation Law §2, however, this article do not divide situation during discussing, because §2 concerning duty of care not the nature of public facilities. Finally, this article survey on public facilities such as OT. BTO.ROT. BOT. BOO, which named under the “Act for Promotion of Private Participation in Infrastructure Projects and public facilities like mandated to operate and managing public facilities, operate and managing the street furniture voluntarily, to investigate whether there are difficulties when interpreting State Compensation Law §3, if does then amending the law is necessary. Heng-Ying Lai 賴恆盈 2009 學位論文 ; thesis 211 zh-TW
collection NDLTD
language zh-TW
format Others
sources NDLTD
description 碩士 === 國立高雄大學 === 政治法律學系碩士班 === 97 === The trends of privatization emerged in the late 1980s,our nation caught the trend and implementing the policy of privatization. The policy of privatization not only including privatizing the state enterprise but also letting the private sector to provide public service by using contract. Thus there laws to coordinate this policy(ex. Statute of Privatization of Government-Owned Enterprises and Act for Promotion of Private Participation in Infrastructure Projects…etc) ,however, this article discusses whether the state compensation has retreat under the circumstance of privatization. Besides, regarding to the issues, firstly this article tries to understand theory behind the State Compensation Law and the theory of tort that concerning the default of public facility. This article believes that understanding these theories can enhance interpreting articles that in need. Regarding to matters of the defection regarding the development and management of public facilities that caused damage, the cause of action among the Civil Code is article §184 and §191, which this article will discuss how to interpret it. In addition, this article focus on the public facilities after privatization, and will compare the difference of the facilities before privatization and after privatization. Thus the article concerning the liability of state compensation lied on the State Compensation Law §3, which also concerns the nature of the public facilities. Furthermore, this article investigate issues by dividing into two situations, that is the method of interpreting State Compensation Law §3 upon public facilities before privatization. And the other situation is the method of interpreting State Compensation Law §3 upon public facilities after privatization. Moreover, the default of public facilities also relate to the interpretation of State Compensation Law §2, however, this article do not divide situation during discussing, because §2 concerning duty of care not the nature of public facilities. Finally, this article survey on public facilities such as OT. BTO.ROT. BOT. BOO, which named under the “Act for Promotion of Private Participation in Infrastructure Projects and public facilities like mandated to operate and managing public facilities, operate and managing the street furniture voluntarily, to investigate whether there are difficulties when interpreting State Compensation Law §3, if does then amending the law is necessary.
author2 Heng-Ying Lai
author_facet Heng-Ying Lai
Yan-ling Chen
陳彥伶
author Yan-ling Chen
陳彥伶
spellingShingle Yan-ling Chen
陳彥伶
The Study upon the Liability of the State Compensation regarding to the Construction and Management of the Public Facilities after Privatization
author_sort Yan-ling Chen
title The Study upon the Liability of the State Compensation regarding to the Construction and Management of the Public Facilities after Privatization
title_short The Study upon the Liability of the State Compensation regarding to the Construction and Management of the Public Facilities after Privatization
title_full The Study upon the Liability of the State Compensation regarding to the Construction and Management of the Public Facilities after Privatization
title_fullStr The Study upon the Liability of the State Compensation regarding to the Construction and Management of the Public Facilities after Privatization
title_full_unstemmed The Study upon the Liability of the State Compensation regarding to the Construction and Management of the Public Facilities after Privatization
title_sort study upon the liability of the state compensation regarding to the construction and management of the public facilities after privatization
publishDate 2009
url http://ndltd.ncl.edu.tw/handle/rtj6b3
work_keys_str_mv AT yanlingchen thestudyupontheliabilityofthestatecompensationregardingtotheconstructionandmanagementofthepublicfacilitiesafterprivatization
AT chényànlíng thestudyupontheliabilityofthestatecompensationregardingtotheconstructionandmanagementofthepublicfacilitiesafterprivatization
AT yanlingchen gōnggòngshèshīmínyínghuàhòuyīnshèzhìhuòguǎnlǐyǒuqiànquēzhīguójiāpéichángzérèn
AT chényànlíng gōnggòngshèshīmínyínghuàhòuyīnshèzhìhuòguǎnlǐyǒuqiànquēzhīguójiāpéichángzérèn
AT yanlingchen studyupontheliabilityofthestatecompensationregardingtotheconstructionandmanagementofthepublicfacilitiesafterprivatization
AT chényànlíng studyupontheliabilityofthestatecompensationregardingtotheconstructionandmanagementofthepublicfacilitiesafterprivatization
_version_ 1719090518359539712