A Study on the Dispute Settlement Regime of the Private Participation in Infrastructure Projects in Taiwan

• Main Authors: Ching-Yi Hsu, 許靜宜
• Other Authors: Lih-Torng Chen
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/15983039384682576344

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 98 === It has been 10 years since our country enforced Act for Promotion of Private Participation in Infrastructure Projects. We have operated well in dispute settlement and it’s a proper time for us to review the related rules. The main purpose of this thesis is to organize and analysis the problem of the dispute settlement mechanism in Act for Promotion of Private Participation in Infrastructure Projects. We hope that we can discover the unclear or the improvable points and give some advices to the future development. This thesis discusses the dispute settlement mechanism in Act for Promotion of Private Participation in Infrastructure Projects and the application, which includes the application and the evaluation procedures between an applicant for participating in an infrastructure project and the authority in charge. Since I prefer the discussion of the application, I organized many references and the opinion to the related problems from Public Construction Commission, Executive Yuan and the court. There are 7 chapters in this thesis. Chapter 1 illustrates the research motivation, the purpose, the research range and methods. Chapter 2 summaries the origination, the content and the Decision-making process of the Act for Promotion of Private Participation in Infrastructure Project. Chapter 3 expounds the establishment, the function, the purpose, the recruitment program of the dispute settlement mechanism in Act for Promotion of Private Participation in Infrastructure Projects. Chapter 4 gives a comprehensive description about the application cases of the Act for Promotion of Private Participation in Infrastructure Projects and the designing of the treatment of dispute settlement of the review process. Chapter 5 discusses the treatment of dispute settlement of the performance stage and the draft of Act for Promotion of Private Participation in Infrastructure Projects. Chapter 6 is directed against the complaint problems of Act for Promotion of Private Participation in Infrastructure Projects. The last chapter gives a conclusion about the contents which are discusses above.