The Research of Damages Claim from Administrative Agent against the Violator in the Field of Public Law – Focus on the Public Debt was Damaged
| Autor: | Jia-Yi Li, 李家逸 |
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| Rok vydání: | 2016 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 104 Due to economic progress, our country stand for legal third theory, use the Socialism to reconcile social class, and then the Social Law to appear. Due to the Globalization, the middle class is missing, and the gap of the social class becoming bigger, our country is M-form society now. The relationship of the country and the people is not absolutely strong and weak. The power of wealthy class can influence National Policy in society and economy. Due to strength of economy and professional, they can find a loophole in the law. For example, Fines and penalty payment of Environmental Law, only the wealthy class could create factory and start a company to polluted environment, and then escaped large fines and penalty payment for profit. The poor class would not escape few fines and penalty payment, because to litter. First, people who violate environmental law, the meaning are to violate the obligations on the administrative acts. Second, people who escape fines and penalty payment with illegal means, the significance is to violate common good. The violator has serious offence, often against the commonweal, only the offences of destruction, abandonment, and damage can be standardized. If the civil debt is worth to protect, the public debt is worthier to protect. Country or administrative agent can claim against the Violator, based on tort in respect of commonweal. The new social issues is a lagging and apparent loophole in the law. The loophole in law can be supplemented with the ways of deduction and the legislation. Civil Code Article 184, paragraph after paragraph 1 is the basic of claim about civil debt was damaged. It is similar the basic of claim about public debt was damaged. Only different space is public debt. Public tort law can compensate and forestall damage, like civil tor law. According to the Equality, torts in public law shall apply mutatis mutandis to civil tort law. The result is purpose-specific and appropriateness. Administrative agent Claim against the people, based on tort in respect of damage to or loss of public property occurring. And then, administrative agent carries out it, according to administrative execution law and administrative penalty act. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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