A Study on State Compensation on Cases of Corporatization of Public Enterprises－A Case Study of Taoyuan International Airport Corporation Ltd.

• Main Authors: Yen-Jen Chen, 陳彥任
• Other Authors: Chih-Ming Jau
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/tnc75k

碩士 === 中原大學 === 財經法律研究所 === 104 === Based on the special law of ROC, Taoyuan International Airport Corporation, which was one of the administrative organizations of Civil Aeronautics Administration, has been the first one that was transformed into the government-owned business while the other 16 civil aviation stations have still remained in the fourth rank of the government organizations under the supervision of Civil Aeronautics Administration of Ministry of Transportation and Communications. The debate over whether the state-owned business can be accused of compensating for people’s loss by State Compensation Law is controversial and emotive. Due to either terminal facilities poorly managed or management teams violating the law, the same problem occurring in either Taoyuan International Airport Corporation or the other civil airports will be dealt with differently because Taoyuan International Airport Corporation is Private Legal Person whereas the others are the government institutions. It will result in different liability for the compensation, and will cause heated controversy over State Liability Act. Taoyuan International Airport Corporation has undergone a transformation from the government institution to the government-owned business owing to a growing tendency to privatize many industries previously owned by the state. And not only has Taoyuan International Airport Corporation been authorized to be the state-controlled company by “International Airport Park Development Act” and “Act of the establishment of State-Run International Airport Park Corporation Limited” but also constitutional permission has been granted for. Having already transferred from state to private ownership, Taoyuan International Airport Corporation should compensate for their guests’ injuries or for the loss of or damage to their guests’ personal property according to the rules of Compensation State Law. Otherwise, based on the premise that the law doesn’t say clearly and that the services are the same at all the airports in ROC, allegations that Taoyuan International Airport Corporation should not adopt State Compensation Law will result in violating equality of the Constitution.