A Settlement System for Disputes Concerning Public Construction

• Main Authors: Ting-Chun Lin, 林亭均
• Other Authors: Dr. Kuo-Hwa Luo
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/39113719251255118092

碩士 === 國立雲林科技大學 === 會計系研究所 === 100 === ABSTRACT Over 12 years has passed since Government Procurement Law was implemented in May 1999. Government Procurement Law should have been acquainted with by offices and manufacturers in theory; however, the dispute cases still have a tendency of increase year by year, indicating that mechanism dealing with arising from public works disputes and relevant supporting measures have space of self-criticism. Because public work has many problems such as numerous events in operation, complicated operation relationship, long construction period, tremendous amount of the involved budget, excessive project interface and difficult management etc., if the disputes arising from procurement matters can not be settled or dealt with properly, completion efficiency and construction quality will be impacted definitely. In this paper, relevant information, doctrines and practical operation situations are collected firstly. Then, whether the mechanism of disputes resolution is proper in course of procurement for public works implementation or not will be analyzed so as to understand whether system design in force should be strengthened in necessary places or not. Through study, it is found that our country could refer to government procurement agreement, confirm legal source of counseling; determine the nature of consideration judgment as administrative sanctions, cancel procedure of raising objections, check and ratify mediation agreements by the courts, increase identification system to supplement arbitrators’ insufficiency in project technology; revise and enlarge Appeal Consideration Committee, make mediation suggestions or plans to discuss whether legal nature of bad manufacturers informing and publishing government procurement bulletin applies Administrative Punishment Law 。 The purpose of this paper is to resolve the disputed issues and maintain public interest.