Study on the Appraisement System of Construction Dispute
| Autor: | Ming-Hsing Lin, 林明興 |
|---|---|
| Rok vydání: | 2014 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 102 As the rapid development of economy, the range and scale of construction projects have been gradually expanded, and construction contract has been more and more complicated. Quite a few controversies occur inevitably starting from planning, designing, constructing to maintaining. If the controversy is merely related to contract provisions, legal regulations or the rights and obligations, it is simple for judges to judge based on legal regulation. However, construction controversies involve not only legal regulations, but also professional skills and professional engineering knowledge. The judges usually judge the case simply in according to the appraisement report. As their expertise and general knowledge principles are inapplicable to understand the meaning of report, due to lack of construction knowledge, they would make legal judgment directly based on the appraisement. As aforementioned, the types of construction controversies vary, and involve high levels of proficiency, it is difficult to judge merely based on the judges’ general life experiences. Therefore, the report of construction appraisement is pivotal and plays a significant role in dealing with construction controversies. Therefore the professional appraisement report on construction controversies impacts the viewpoints of judges during the proceedings of a lawsuit, even indirectly affects the outcome of the lawsuit. According to the aforementioned reasons, this study, based on the fundamental concepts of appraisement, aims at explaining the significance, principle and typology of appraisement, and further to explicate the practices of appraisement and actual situations in our country. In addition, this study suggests that the appraisement system is also a type of professional involvement mechanisms, so it also discusses the cases of professional involvement both in Taiwan and abroad, as well as the development of local professional involvement mechanism. Presently, there are several problems concerning the appraisement system, including the judicial interpretation and repeated appraisement. The study raises suggestions to improve the appraisement system via professional assessment and parallel explanatory, expecting to make the appraisement system a more ideal one to help judges to clarify the truth. To summarize the situations of judicial interpretation and repeated appraisement related to evaluation system, the study found that the basic problem derives from the lack of second proficiency of most judges, besides legal knowledge. It is recommended to allow professionals to take part in assisting judging the case as soon as possible; it is both helpful for making up for the lack of expertise of judges, but also in improving the existing dilemmas of the system of appraisement. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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