摘要(英) |
The public danger
caused by the damage of building usually inflicts the great losses on
people’s life and fortune. Because relevant professional who
participates directly or indirectly the constructions of the buildings
are numerous, including the construction company, the government
organization, the supervisor (the architect, the engineer), and the
constructor (the worker, and the technical stuff) .Each role stated
above has different effect or responsibility during the construction
time. This makes a big argument when tracing who should be responsible
for the damage except the irresistible natural harming. It is no
doubt that the designer takes his responsibility if the damages are
simply resulted from his incomplete or bad design work. However, if the
construction is not done properly due to bad supersion, then the
supervisor is responsible. The supervisor‘s duty is set to represent the
construction company to supervise all the construction process exactly
as the contract. The primary duty for supervisor is to make sure that
the construction comply the rule of the original design. Following this
rule, the supervisor has the right and the obligation to prevent the
obay constructors. Therefore, besides the constructor should take the
responsibility for his improper operation caused the damage, but also
the supervisor has the joint liability. The criminal law No.193 uses
the word ” Oversee” in the regulation.An Overseer is charged for against
the law of architectonic if what he did is correspondence to the
condition of the regulation. There is only a word “Oversee” printed on
the criminal law without any definition, capacity, and the regulation of
its right. However, when reading the law about the architecture such as
architectonic law or law of architect, there is only the other word
“Supervise” is seen. This will be useless to restrict whole framework
for all the relative professionals and experts direct and indirect by
the word “Overseer”. Particularly, the difference between the “Oversee”
and”Supervise” makes people not suitable. Argument of whether the word
“Overseer” in the criminal law in the same as the word “Supervise” in
the architectonic law often confuse the prosecutor’s disciplines and the
court’s judgment.It also causes the judge difficult and contradictory.
The purpose of this study are to probe into the real implication between
“Oversee” and “Supervise”, and to discuss the each right and the
individual responsibility between them by compare with the regulations,
the administrative explaining orders, and the practical judgments. |