The judgement standard of the defect in the installation or management. of government-owned public facility

• Main Authors: Yu-Zhi Shen, 沈郁智
• Other Authors: Yao-Guo Jiang
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/55223284617863645005

碩士 === 中原大學 === 財經法律研究所 === 101 === The legislation of State Compensation Law is designed to realize the state liability mandate in Taiwan’s Constitution. It is made, in particular, to protect the rights of citizens and to enhance public officials to do their duties carefully. Following the notion of welfare state, nowadays many kinds of public facilities are provided by central and local government. If citizens are injured or their properties are damaged because of the “defect” in the installation or maintenance of public facilities, citizens are eligible to apply for state compensations according to State Compensation Law. Then people’s rights could get additional protection and relief. According to paragraph 1 of Article 3 of State Compensation Law, it provides that “the State shall be liable for damage to any person's life, body, or propety resulting from a defect in the installation or management of any government-owned public facility.” But what does “defect” mean, there is no solid definition. Therefore, the criteria in assessing “defect” of public facilities become the very topic of this research. In this thesis, the author studies textbooks, treatises, journal articles, and many court cases to understand criteria in assessing a “defect” of public facilities. Finally, this study attempts to recommend a two-tiered test of criteria in assessing a “defect” of public facilities based on Taiwan’s current court practice (mainly relying on Supreme Court cases) and scholars’ opinions. This result can be considered as achieving a good research output.