| Summary: | 碩士 === 國立臺北大學 === 不動產與城鄉環境學系 === 97 === In recent years, the ownership rate of mobile phone in Taiwan has reached the top of the world. But by the mass media, we also find many disputes about the base station. The topic of base station’s setting apparently aroused many people’s attention. People love the communication’s convenience, but also hate the base station sets near their houses. Though there are not enough evidence can prove the electromagnetic wave is harmful to our health yet, but in crowded Taiwan, any factor which hrmful house’s value will certainly arouse the people’s protest. However, people encounter these kind of dispute which may invade people’s rights such as cellular base station. They usually adopt the way of protest, but not use law’s way to solve their problem. It virtually caused the deadweight loss of social resoueces, and it not necessarily to obtain their object. So from the method that government use for prevent people not be damaged by electromagnetic, the authority of base station’s rights of release electromagnetic wave and how to protect the authority rights . These elements all need to be reviewed again. But In Taiwan, we do not sort the regulations by location or enterprise but use a solo regulation to control the electromagnetic wave. Therefore the telecommunication enterprises only need to obey the regulation, then they will exist in the industry. It may make the phenomen that the base station release electromagnetic wave too much or too low in the society. Besides, when the court try to judge the legal cases about base station or electromagnetic, they usually adjudicate the base station cause damage to the victims if it release the electromagnetic waves over the regulation. Therefore, the ex ante regulation has closely relation to ex post liability for harm, the judgement about authority rights and the proction of rights.
The thesis is analys the ex ante regulation of the electromagnetic and the ex post liability for harm which released by base station, then we study the government how to formulate the most optimal regulation standard of electromagnetic and the telecommunication enterprise’s behavior to prevent the damage under the regulation. If the enterprises have difference in capital or technique, then they ho to select the optimal prevent behavior and the optimal output of electromagnetic wave. We also study when there have different way of regulation on electromagnetic, the enterprise will take what kinds of transaction cost. Then we will use the Coase theorem and the transaction theory to analyze what situation of the enterprise and the victims will negotiation, then the thesis study the difference when the electromagnetic realese right’s authority match the different protection way of right will result in what kinds of transaction costs, and how the transaction’s affect of the different formula. At final, we will use the economics analysis method to analyse the legal cases about base station and electromagnetic wave of recent years.
|
|---|
