| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 105 === In Taiwan, political power has been transferred between different parties for three times, and with the peaceful power transfer, Taiwan has established a real democracy for itself. Unfortunately, Taiwan’s national deficit rose sharply as power transfer took place one after another. With the skyrocketing deficit, the government has to raise funds through borrowing, and without financial aid from the government, many people have to meet their daily needs by borrowing. As politicians continue to manipulate the national finance with no financial discipline, it is unlikely to expect the national property, which is made up of people’s properties and created by the government through tax collection, to be protected by any legal or institutional measure. Therefore, this paper focused on a critical issue – is it necessary for the constitution, the basic law above all laws, to provide protection measures for the national property which is made up of people’s properties? Secondly, different nations construe the subject of property right differently and establish different norms to protect property right, depending on whether they abide by socialist doctrine or abide by capitalist doctrine to govern their economic activities. Based on the facts stated above, this topic deserves an in-depth discussion.
Coping with the worldwide trend of legal protection for human rights, the great majority of democratic nations in this world have transformed into welfare states while their party politics has developed into the politics of accountability founded with democracy, rule of law and conscience, asserting that the ruler has to be fully responsible for its administrative implementations, in particular the national finance, once the ruler acquires political power and forms a government to exercise its power. Therefore, a party has to be fully responsible for the national financial damage resulted from its false move after this party gains the reigns of government through election.For this reason,it is necessary to institutionalize a relief system and thereby remedy national financial damage in response to the call for the politics of accountability and the call for the administration of accountability.
Based on the facts and discussions stated above, this paper deliberated how to design institutional protection measures for national property right through constitution, and with the constitutional protection for national property right, how to establish a solid financial legal system. Moreover, this paper presented tangible recommendations with respect to the institutionalized legislative measures governing the joint responsibility and relief method in relation to the national financial damage resulted from improper administration after the candidates endorsed by parties win the elections so as to prevent national finance from being aggressed again. By doing so, Taiwan will be able to pursue its sustainable development through stable economy, social security mechanism and environmental ecology as a welfare state.
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