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    請使用永久網址來引用或連結此文件: https://tkuir.lib.tku.edu.tw/dspace/handle/987654321/74372

    題名: 公共設施之課責機制與國家賠償責任之研究 : 以國道走山事件為中心
    其他題名: Research on the accountability mechanisms and state liability of public infrastructures : centering on the issues on national highway landslide accident
    作者: 雷雅婷;Lei, Ya-Ting
    貢獻者: 淡江大學公共行政學系公共政策碩士班
    羅承宗;Lo, Cheng-Chung
    關鍵詞: 國家賠償法;課責機制;National Compensation Law;Accountability mechanisms
    日期: 2011
    上傳時間: 2011-12-28 18:26:21 (UTC+8)
    摘要: 公共設施為國家的重要資產之一,維繫著國家政經發展之脈動,其與國民生活緊密地相連結,影響人民至深且鉅。然公共設施的設置或管理,往往涉及高度組織之技術運用與專業知識,其所隱藏風險之實現,係屬無法預期之損害,尤其,當災害一旦發生造成破壞,對人民權益侵害之影響重大。
    Public infrastructures are one of the important assets of a country. It maintains the pulse of a country''s political and economic development, closely links to the national life, and it has massive and profound impact on people living in this country. However, the set up or management of public facilities often involves the use of a high degree of organization of technology and expertise, and the outbreak of any hidden risk may cause unpredictable damage to the country. Especially, as a disaster strikes and causes damage, the impact on the rights of the people is huge.
    A case study is presented in this paper. April 25,2010, No.3 Freeway of Taiwan National Freeway had the worst State Road mountain-collapse accident . The above incident is taken as an example to discuss the responsibilities, level of effects and liability on bureaucratic organization. In Taiwan, the State Compensation Law was established in 1980, and announced by the President into effect since July 1,1981, with a total of 17 pieces in full-text. Department of the State Compensation Law in accordance with the provisions of Article 24 of the Constitution established, its purpose is to highlight the government’s determination to protect people''s freedom and rights. However, if the operation of state compensation mechanism itself is good, then the class itself that is responsible for the results.
    In view of this, some general observations are found in this study, which are responsible for hierarchical accountability and the political accountability and the interaction of state liability, and government functions had not been apparent, easily lead to administrative efficiency is low. Furthermore, if the result of climate change increase environmental impact on public natural property and bring more challenges, the "natural and man-made public property" will be even closer-linked, and the law on state compensation for the type of defect claims on public facilities can make it difficult to judge on.
    On the occasion, therefore, the concrete policy recommendations are provided as a practical reference for decision-making operations.
    顯示於類別:[公共行政學系暨研究所] 學位論文


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