A study of investment contract mechanism under promotion regulations－In the case of Taipei Dome
| Autor: | Chin-Pao Chen, 陳金保 |
|---|---|
| Rok vydání: | 2017 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 106 In recent years, Taiwan’s economic growth is not doing well and financing fund is increasingly difficult. However, public construction cannot be stagnant, with the introduction of the private investment in public construction, which is one of the feasible solutions that the government is in financial difficulties and can also promote the public construction. Our country has carried out Act for Promotion of Private Participation in Infrastructure Projects as the law origin bases to promote administrative organs and private participation in public construction cases since 2000. According to the period from 2002 years to the end of 2015 years after the promotion regulation carried out, the total contract number is 1355. The contract amount is about NTD 1 trillion 177 billion 200 million. During the contract period, it reduced government expenditure of NTD 948 billion 400 million, increased the income of NTD 746 billion 500 million, and creates more than 220 thousand job opportunities. Nonetheless, the term of private participation in infrastructure projects, it also occurred several judicial disputes between the sponsor department and non-government institution. Such as traffic department of Taiwan Area National Freeway Bureau ETC case, Kaohsiung MRT case, Taiwan high speed rail case and Taipei municipal government of five BOT cases, which are the famous BOT dispute cases. Every promotion regulation is belonging to large public construction for the administrative organ, regardless of the amount of investment or complexity is far higher than the procurement case handled by the administrative organization, and its process includes feasibility assessment, announcement of investment, applicants raising application, selection, contract signing, construction operation, and so on. The process of each stage is quite complicated, so the applicant should be more cautious. However, the contract is the main stage between the sponsor department and the optimal applicant because the contract result of investment is promoting participation rights in both sides are, and winning favor of one’s own advantage in the discussion process. This study will discuss and analyze the investment contract mechanism through the Taipei dome as a case, and consult theory of literature review, law evolution, court judgment, related interpretation of Grand Justices Council Adjudication and administrative departments related explanation letter order in recent years to explore the correlation and to understand the current debate about investment contract mechanism executive. In the implementation process, personnel were dispatched by the Taipei municipal government to the scene to check the dome project, and they found that there are 79 main structures are not according to the original approval plan and even declared the construction has finished two-thirds, which is serious. So in accordance with the construction regulation of Article 58, item 1, paragraph 6 forced to stop, but this method caused great controversy. This study will discuss whether the Taipei municipal government administrative should punish the violation of administrative contract and administrative punishment and adopt the prohibition principle. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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