A Study on Mandatory Takeover Law System of Private Participation in Infrastructure－Centering on Major Transportation Facilities－
Date Issued
2014
Date
2014
Author(s)
Hung, Shih-Ming
Abstract
The government declared the Statute for Encouragement of Private Participation in Transportation Facilities Projects in 1994 and the Act for Promotion of Private Participation in Infrastructure Projects in 2000, establishing the legal sources of private participation in infrastructure, and therefore carring out Taiwan High Speed Rail (HSR) , Kaohsiung Mass Rapid Transit (KMRT), Electronic Toll Collection System (ETC) and other major transportation facilities. There are great econimic, political and legal influence on the practical development of legal system of Private participation in infrastructure. Because the role of the authority to protect the public interest and private institution to earn profits are essentially contradictory, how the authority interrupts the operation of the private institution properly when their disputes continue, even public service cease or in danger to cease is an important issue. While the authority face the problem that the major transportation facilities in bad operation may go bankrupt, affecting the people''s right to use infrastructure, how to use the power to take it over by exercising the concept of state responsibilties of gaurantee under the existing legal system. Or how the regislators establish a complete and reasonable drop-out mechanism by following the rule of private participation in infrastructure is also an important topic.
Because private participation in major transportation facilities project involves the interests of the State, private institution and people very well, to exclude unnecessary political considerations and encourage civil servants to stand on legal point of view, discerning the timing and methods of mandatory takeover. The thesis takes the state responsibility of guarantee as a theoretical basis, analyzing the mandatory takeover law system of private participation in infrastructure including systematic standing, distinguishment of concepts and its interpretation and application to establish guarantee administrative law of private participation in infrastructure, providing the government the access to decide whether and how to use the power of mandatory takeover in the future.
Subjects
獎勵民間參與交通建設條例
促進民間參與公共建設法
公私協力
國家擔保責任
強制接管
Type
thesis
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