The study of penalty and responsibility of architects for the building structural safety
Date Issued
2007
Date
2007
Author(s)
Li, Yu-Hsin
DOI
zh-TW
Abstract
This research discusses of legal responsibility the architect from the maintenance earthquake disaster building structure security viewpoint, first discusses earthquake disaster the type with to have pattern of, the decrees in effect system under the building destruction the architect service power and responsibility and the earthquake disaster building security relations; And deliberates the overseas criminal law and the building control system, analyzes its characteristic.Again take penetrates in the practice the court decision as the case, the self-criticism analysis building of because of 921 earthquake disaster damage responsibility ownership, cuts into the architect power and responsibility by the criminal law angle the detailed discussion.The followed by studies the architect power and responsibility division extant question and the reason analysis, the content is connected in the laws and regulations reorganization including the earthquake disaster building security and the architect and the analysis, the criminal law conforms to the spirit of a law regarding the architect behavior responsibility recognizes and so on.Then draws up the decrees and regulations system surface, the service execution surface, the criminal law repairs topic of and the countermeasure the normal plane.
According to this research demonstration, the law circle should take the building design and the jail regarding the architect makes the responsibility, surpasses in the construction laws and regulations wording the stipulation, therefore is unexpectedly decided architect of by the prosecution guilty.The architect issuing a warrant for arrest, the public prosecutor can be responsible for the reality personnel of the structural design to raise sues.But decides the prison term, along with appeals continually, more sentences lightly, the symbol society did not anticipate.Rents the technician license, should the negative punishment responsibility, but hires the technician license not to attain the prosecution actually.The building ordinance called supervises work to make with the jail, calls the supervisor with the criminal law 193rd institute, the opinion is different in the law.Then discussion initiation building ordinance 34th related administration technology separation.
This research results establishment “921 earthquake disaster court legal precedent” related “the design jail makes the architect of legal responsibility regarding the building structure security” the relational table, and regarding the construction legal system and the criminal law, proposed correlation of suggestion the thousandth of a Yuan clear architect disciple of a master responsibility, expected causes to construct the author to be able respectively to perform its own functions, each its energy.
Subjects
921震災
建築法
建築師刑責
architects
SDGs
Type
thesis
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