Private participation in administrative commission and the remedies of damage--Focus on the'Law for Promotion of Private Participation in Infrastructure Projects'
| Autor: | Chung-Lin Yang, 楊忠霖 |
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| Rok vydání: | 2009 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 97 “Private Participation in administrative commission” has been a long tradition. As time goes by, the categories of administrative commission which allow private sectors to participate are getting larger. Because the law systems of our country are separated into two categories: public law system and private law system, and administrative commission aims to realize some administrative goal, it is generally regulated by the public law system. Nevertheless, the character of administrative commission is changeable due to the format of execution. It has never been an easy work to tell the format of execution of administrative commission belongs to public or private law system. The problem becomes much more complicated when the subject of the execution of administrative commission is a private sector. When a damage case happens during the execution of administrative commission, deciding whether the civil law or the State Compensation Law should be applied depends on the format of execution of administrative commission. In this category “Private participation in the administrative commission” where public law and private law overlap, the victims need not only choose the right regulation but also judge the defendant should be the administrative institution or the private sector. This makes it difficult for them to file a suit. “Private participation in the administrative commission” is an abstractive description without any regulatory function or meaning. In order to solve the mentioned problems, this thesis firstly uses different standard to understand the concept more precisely. Then we select the standard corresponding to the goal of this thesis to categorize it into several types. The correct remedies can be found by analyzing the traits of different types. Moreover, this thesis focuses on article 8 of “Law for Promotion of Private Participation in infrastructure Projects”. Using the previous types to analyze the different methods of participation regulated in article 8, and then to choose the correct remedies in different periods of different types. Lastly, this thesis takes “Kaohsiung MRT” as an example. Comparing it to “Taipei MRT” and analyzing some articles of “Law of MRT” related to this thesis to verify the research outcome. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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