The Study on National Compensation for the Dysfunction of public Services-Base on the Mountain Accident Rescue Events

• Main Authors: Pai,Tzu-Kuang, 白子廣
• Other Authors: Lin, San-Chin
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/5z5vvy

碩士 === 東吳大學 === 法律學系 === 106 === The national compensation for the damages caused by dysfunction of public services is one of the valuable study topics in the national compensation law. Comparing to the responsibility of compensation of duty of performance, the responsibility of dysfunction of public services is more difficult to be held. In recognition of duties and responsibilities, how to distinguish between reflection interests and protection norms with the intention of protecting specific people has been the subject of many academic and practical issues for many years. In the determination of illegality of public servant’s performance, modern government duties are usually professional, therefore, when the court judges the illegality of the administrative agency, excessive intervention will infringe upon the exercise of administrative power, and it may be suspected of being a layman’s judges. In other hand, superficial interventions make it difficult for the citizen to claim their rights, and the supervision of the executive authorities is insufficient. The situation is also an arduous test for the court. The facts of the case in this article is the Baigu Dashan Incident that occurred in 2011. In the incident, the executive agency had sent hundreds of rescuers in the searching mission which is the most tremendous in the history. However, they still failed to find the mountaineer. After then, the parents of Chang file a lawsuit of national compensation against the rescue officers. Which causing a big controversy in the society. "Ingrate" is the point of view of most of the society. As Taiwan has become a modern “Rechtsstaat” nation, people’s sense of the human rights has also awaken. The purpose of the modern nation is now not only the maintenance of order, but also take up the role of caregivers and supporters of the people’s benefits. This article will discuss the essential elements of right of national compensation of the damages caused by the dysfunction of executive agency, including collating the cases in which protecting norm theory was specifically explained by courts, and comment the judgement mentioned above. The study is aiming to figure out the court’s attitude and holding about national compensation for the dysfunction of public services, also, the suggestion to the holding will be given in the conclusion.