Formation and Practice of the State Compensation Legal System in Taiwan: Focus on the State Compensation Law in a Legal Historical Approach
Date Issued
2008
Date
2008
Author(s)
Kuo, Yi-Li
Abstract
This thesis focuses on the State Compensation Law of 1980 and examines the formation and practice of the state compensation legal system in Taiwan. In a legal historical approach, there are three main issues should be concerned. First, what kind of legal experiences regarding state compensation did people have in the past? Second, why was the State Compensation Law stipulated in 1980? And third, how did the State Compensation Law interact with the political and social changes in Taiwan? ue to historical coincidences, the legal experiences of Taiwanese people were diverse. Under Traditional Chinese legal system, “Nation” was like a political “Family.” The Emperor was the patriarch of the national family who can do no wrong. Officials were considered as “parents” of the people. The concept of “The people cannot sue officials” was deeply rooted in the mind of ordinary people. Therefore, it is impossible to imagine that people would request the government to pay compensation while their rights were violated by the government. Things might change during the Japanese colonial period（1895~1945）of Taiwan and the Republican period（1912~1949）of China. However, the change was limited and most of the people might still not be familiar with the idea of state compensation.fter World WarⅡ, the KMT government ruled Taiwan. Although the Constitution authorized the government to legislate the State Compensation Law, the legislation was ignored for a long time. Not until the 1970s, because of the diplomatic crisis, which caused the crisis of the legitimacy, and the succession of powers, did the KMT government consider making the State Compensation Law as a political call. he State Compensation Law was finally enforced in 1981. Nevertheless, this was the new start rather than the end of the story. Since the government was unfamiliar with the State Compensation Law as well as the people, the efficacy of the said law was questionable at the very beginning. With the political and social changes in the post martial law era, people became to have a better understanding of State Compensation Law and know how to use it to protect their rights.
Subjects
State Compensation
Compensation for Wrongful Detentions and Executions
Law and Society
Reception of Law
Type
thesis
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