民主社會中，民眾勇於表達意見爭取自身利益是多元化民主體制中之常態運作。民眾於傳統由政府辦理工程中，如認為權益受損時往往會直接向承包商或政府部門陳情，政府部門則辦理現地會勘，會勘事項如屬承商應辦理範圍，則要求承商限期內改善完成，非屬承商應辦範圍，則仍由承商施工，費用則依實作數量辦理追加，由政府預算中支應。 而BOT工程是由民間投資興建，並自行設計及施工，政府與實際施工承商並無合約關係，無法直接監督或要求承商配合施工，因此，必須透過高鐵公司要求承商盡速妥善處理。 本研究係以台灣南北高速鐵路之陳情案為研究範圍，探討陳情案之處理情形，並針對雙方看法不同之案件提出討論，俾能在後續類似工程採BOT時能做為參考，於合約中明白納入規定應辦理事項及相關罰責，以減少爭議並加快陳情案件之處理速度，促成工程順利同時提昇政府施政形象。 In the democracy society , people express their opinions to strive for their benefits as a normal behavior﹒In traditional government projects , if people’s rights and interests got harmed ,they usually state and plead to the contractor or government departments directly﹒ Government departments would process site investigation and if investigation results show that the responsibility belongs to the contractor then government departments would ask the contractor to correct problems in a limited time﹒ If it is not contractor’s direst responsibility , government departments would still request the contractor to correct the problems and the construction expenses will be compensated from government budget﹒ In contrast, a BOT(Build-Operate-Transfer)project is another story﹒A BOT project is invested by private firms and the construction is often independent from the design﹒In such a case , government departments have no contract relationship with the contractor, so they can not supervise the contractor directly or demand the contractor to harmony with construction﹒ Government departments therefore have to demand the contractor indirectly to handle cases properly as soon as possible﹒ This study collects and analyzes the people state and plead cases of the「Taiwan High Speed Rail Project」and gain insights into treatments of government departments and THSRC﹒This study also investigates the different opinions of the governments and THSRC toward the responsibility of handling people state and plead cases﹒BOT case have different comments, so that it can be a reference resources in the future﹒ The results of this study aim to suggest that in order to promote projects successfully and improve government image, we should clearly integrate the regulations and punishments into the BOT contract to decrease the contentions and speed up people state and plead cases handling process.
