摘要(英) |
The National
Compensation Law, involved 17 articles, comes into force from
President’s promulgation on July 1, 1981. The legislation of National
Compensation Law is designed to realize the national compensation system
declared in the Constitution specifically, to protect the rights and
interests of domestic citizens and aliens, and to promote the public
officials to take duties actively. Therefore, if civil freedoms and
rights were damaged illegally by the public officials or because of
lacks of the establishment and the management of infrastructures, people
could apply for compensations according to the National Compensation Law
in order that the rights and interests of people could get additional
protections and relief actually. According to the Item 1 of Article
3 of National Compensation Law, it provides that “Public infrastructures
or public devices for the civil utilization is not safe or ill
management that damages or violates the civil life, body health or
wealth, the government shall be liable to compensate such damages or
violations.” In other words, since the government provides
infrastructures to road users, she ought to have liabilities to ensure
the function, the quality and the safety of such infrastructures and
also have full obligations of maintenances and managements to guarantee
the life, body health or wealth safety of the infrastructure users. For
example of the bridge, it is newly established by the government and
provided to unspecific people. If it belongs to any of the public
infrastructures or public devices provided in the Item 1 of Article 3 of
National Compensation Law, it is not only the extension of roads or
strides across the river or ocean. It but also even connects the
transportation hubs between two cities, plays the role of important
engineering constructions linking the transportations between two places
and closely involves with people’s livings. If the infrastructure or
device has any defect including unconsidered maintenances, improper
designs or defective constructions to cause damages or accidents, those
who often face such damages or accidents are road users. Besides,
with the development of infrastructures, the increasing numbers of big
cars cause very serious overloading that makes the bridges unbearable
problems. Stealing and quarrying sandstones in the riverbed excessively
are rampant, resulting in go-down riverbeds and seriously exposed bridge
foundations. And with the potential threats of such disasters as
earthquake, flood, landslide and typhoon and the problems of corroding
exposed steels causing by wet climate, the safety of bridge structures
is warning. Consequently, it causes the bridges have defects. If
the government could not pay attention to such problems so as to damage
civil, it is no doubt that the government should be liable for damage
compensations. For example, the exposed foundation of Kaoping Bridge
caused bridge fall on August 27, 1999. The agencies concerned did
not do their best and neglected the externally dangerous factor of the
bridge so that the bridge was broken with dangers, causing our nation
and civil have unexpected damages, therefore civil shall have the right
of requesting compensations and the government shall have the obligation
of damage compensations. In addition, for the term of “Public
Infrastructures or Public Devices” provided in the Item 1 of Article 3
of National Compensation Law, the regulation is not same detailed as
that of “Public Officials” provided in the Article 2, causing domestic
scholars have various explanations about “Public Infrastructures or
Public Devices”. Therefore, in terms of the meaning of “Public
Infrastructures or Public Devices”, this research collects all kinds of
essays, books or scholars’ views and also quotes from practical test
cases to more clearly define the term of “Public Infrastructures or
Public Devices” in a publicly acceptable range. Once the safety of civil
life or wealth incurs threats or even dangers, we shall avoid there is
any doubt for the application of National Compensation Law so that it
becomes difficult for court judgments and civil appeals. Second, what do
they mean after all for those called “Not Safe or Ill Management”,
“Damage or Violate the Civil Life, Body Health or Wealth”? There is
no solid definition that is also the study topic of this research.
Moreover, because the establishment purpose and the function of
bridges and its accessory facilities lack of general safety conditions
that are usually necessary, such “bridge defects” perhaps cause many
categories of damages. In terms of those categories with maximum
defects, minimum defects and special structure establishments in the
practical operation, this research will draw a conclusion to expect we
can consider various categories thoroughly, which may result in defects.
And this research will show the function and the purpose of such various
categories. Further, in terms of the liability and obligation of the
government for the bridges and their accessory facilities, this research
will show the responsible range of the government if violating such
obligation to establish the basic model and the liability range, of
which the establishment and the management of bridges are lack , for
reference. Through practical operations, this research can
understand that the purpose for the existence of the road administration
is to protect the safety of people and to guarantee the smooth of roads.
Therefore, if the road administration does not do their best to smooth
away the obstacles and to keep the quality and the safety of the
infrastructure so as to damage people, at this time, it is necessary to
study what is the liability range of the government shall be
reasonable. |