A study on legal characteristics of ROC’s Martime Enquiry System

• Main Authors: Tsai, Chia-Hao, 蔡家豪
• Other Authors: Guo, Jiunn-Liang
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/08908215348402389695

碩士 === 國立臺灣海洋大學 === 商船學系 === 103 === Surrounded by ocean, the sea panels of Taiwan are very important all over the world since ancient time.the traffic of vessels is dense. If the collision or incident occurs, pursuant to “Maritime Enquiry Committee’s Establishment and Reviewing Operation Directions,” Maritime and Port Bureau of Ministry of Transportation and Communications shall gather martime experts and scholars to organize a Maritime Enquiry Committee. Maritime Enquiry Committee will determine the cause of incident and personnel’s liability, offering the improvement, in order to avoid occurring of the similar accident. The legal position of Maritime Enquiry Committee‘s organization, the legal level of Maritime Enquiry Committee’s Establishment and Reviewing Operation Directions, the characteristics of conclusion of Maritime Enquiry Meeting in public law, the remedy when the reviewed person dissatisfies the conclusion of the Maritime Enquiry Meeting, the disputes of conclusion of the Maritime Enquiry Meeting and the admissibility of the evidence of conclusion of the Maritime Enquiry Meeting, are all meaningful and great significant legal issues. However, there are few documentary discussing and researching those issues. Therefore, this study tries to discuss and analyze the above significant legal issues. This study uses literature review and case study method to organize the documentary which related to Maritime Enquiry. Moreover, searching, arranging and analyzing Taiwan (R.O.C.) judgments of courts at different levels with the keyword “Maritime Enquiry, this study includes some important judgments. Also, this study collects several Maritime Enquiry cases and bases on legal disputes of these cases to do the comparison and analysis. Trying to find out the resources and causes of the disputes, what methods can principles to remedy, and relative concepts of Taiwan’s public law system, this study com meanwhile compares the relative merits of Maritime Enquiry system, hoping it can be a suggestion on amending the law. In this study, it mentions that “Maritime Enquiry Committee’s Establishment and Reviewing Operation Directions” doesn’t provide enough procedure to protections to the reviewed person and this is different from the explanation of Due Process of Law from grand justices of Judicial Yuan. It is found that Taiwan’s courts generally accept the conclusion of Maritime Enquiry. In practical, observing the content of conclusion of Maritime Enquiry, the situation that the reviewed person doesn’t well inform of legal basis of enquiry laws, neither the effect of Maritime Enquiry could be found. Meanwhile, there are some disputes on the incidental provisions of administrative dispositions which caused by there are incidental provisions in conclusion of Maritime Enquiry. This study suggests that “Maritime Enquiry Committee’s Establishment and Reviewing Operation Directions” should be implemented as a manner of legal reservation. On procedural safeguard aspect, the due process of law should be established, including inform the reviewed person of the legal basis and law effect before the Enquiry, the after-event remedy should provide the Maritime-professional of procedural safeguard to the reviewed person and establishment of reconsideration of Maritime Enquiry and the reformation in the future are also suggested.