From deterrence and loss spreading perspectives on the coordination of compensation system

• Main Authors: Jang, Ing-Leei, 張英磊
• Other Authors: shyuu tzung-lih
• Format: Others
• Language: zh-TW
• Published: 1998
• Online Access: http://ndltd.ncl.edu.tw/handle/00389417608927263026

碩士 === 國立臺灣大學 === 法律學系研究所 === 86 === Society deals with accidents under the limitation of resources scarcity.Comp ensation system as one of the mechanisms that handles accidents must cooperate with other mechanisms, in order to minimize the cost of accidents. Compensat ion system can minimize the cost of accidents in two ways: it can spread the da mages to other people in order to minimize the cost of accidents that have alre ady happened. It can also deter the cost of accidents that have not happened yet . But as far as spreading is concerned, compensation system must cooperate with welfare system. On the other hand, as far as deterrence is concerned, administ rative regulations also play an important role. In order to have a holistic pic ture, we must understand the characteristics of different types of accidents, a nd the function that compensation system can have. Then I compared the compen sation system in New Zealand and Taiwan. In New Zealand, administrative agency is the institution responsible for handling compensation. But New Zealand''s sy stem has problems of compensation systems becoming like welfare system. It can only maintain a minimum standard of living and can''t recover all the loses tha t the victims really suffers. On the other hand, it can''t allocate the cost o f accidents according to the risks ofdifferent activities. While our system us ing court as the basic institution that handles compensation and with many dif ferent types of compensation mechanisms (mixed system). Our system can adjust with different types of accidents. But in our system, we must understand what kind of compensation mechanism is suitable to what kind of accident. I choos e compulsory insurance policy as my main concern.Because of the problems of ad verse selection, insurance has some kind of rating system.According to this fe ature, I discussed the constitutionality,function, and limitation of this po licy. At last, I trace the fire accident of Welcome restaurant, and found th at the then existing compensation system didn''t work well because of judgement -proof problem. On the other hand administration regulation didn''t work because of the limitation of budget deficit and the problem of corruption.After the a ccident, political institution has reacted by enhancing regulationand compulso ry insurance. I must stress that, this thesis did not intend to suggest how t o explain existing law or how to enact new law. But I tried to gain a holistic understanding of the function of compensation system can have and the roletha t the compensation system could play.