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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

The Study of Kaohsiung City Legal System of Dangerous Driving Prevention

Chen, Hsiang-Wei 15 August 2012 (has links)
The scene of dangerous driving (street racing) has been seen in 1986; however, the situation has not been redressed a bit after the long-term prevention by police force. Nevertheless, since the problem of dangerous driving first appeared in 1955 in Japan, by the long-term prevention, the situation has been well redressed and some talented F1 racing drivers have been cultivated. On May, 11th, 2012, a Japanese racing driver, Kamui Kobayashi, took the 5th place in Spanish Grand Prix. Dangerous driving has been banned by force in our nation; yet, the auto racing industry has not been developed in line with modern society. In a long period of time, the prevention of dangerous driving has been ineffective due to the banning manner, instead of venting, that the government adopted, which leads to a huge waste of human power and resources. Police force is the current administrative authority for preventing dangerous driving. The legal basis for police to enforce or exercise its power or right is officially available since the Police Duties Enforcement Act was promulgated on Dec. 12th 2003, followed by the interpretation of Shih-Zih No. 535 made by the Council of Grand Justices. The Police Duties Enforcement Act does not only regulate that the enforcement of police powers should be complied with proportionality by specific manner, but also provides the legal basis for the enforcement of police powers. Human right and police itself are also safeguarded. Nevertheless, whether the enforcement of the Act can redress dangerous driving, or weather it can represent that dangerous driving can be corrected only by police is worth discussing in this study. Dangerous driving has been a troublesome problem to Kaohsiung City. By this study, I found out that banning dangerous driving by strict force affects little to the prevention of it. Through the analysis of the five major frameworks of administrative law, I suggest that the government should not regard dangerous driving as a pure event of public disorder, but a social phenomenon. Except for banning illegal dangerous driving, the central government should take the advantage of the situation to allow local self-governing to promote auto-racing industry. The government should also play the role of leading and changing the illegal and dangerous driving to the legal auto racing game with reasonable and effective management, and to set a managing mechanism in terms of the platform for modified parts. Through this manner, the government can not only benefit from taxing, but also control dangerous deriving effectively, which leads to a win-win situation for both of the government and its people.
2

我國地方自治法制化研究 / The legalization about self-goverment in R.O.C.

陳麗如, Chen,Li-Ju Unknown Date (has links)
地方自制為民主憲政的基礎,由於民主政治並非一蹴可幾,而是漸進、累 積的結果,地方自治正提供了一個參與與學習的機會。無論是個人民主素 養之培養或國家社會民主化之推動均有賴於地方自治。晚近,復鑑於環保 ,都市、教育及消費者方面爆發嚴重問題,非中央所能獨自解決,更顯示 出地方自治之重要性。我國地方自治深富憲政性,憲法第十章「中央與地 方之權限」及第十一章「地方制度」之規定即係對地方自治之設計。民國 三十六年憲法頒行後,我國地方自治本應依憲法規定實施,唯不久政府即 播遷台灣,國家處於非常時期,所以現行台灣地區地方自治之實施多係以 行政命令為基礎,與憲法規定不符;地方自治法制化的問題事實上自民國 三十九年台灣地區開始實施地方自治起即已存在。隨著時間的遞移,人民 自由權利伸張,對民主層次之要求也日益提高。加以解嚴後,我國社會、 政治、經濟變化極大,地方自治法制化之呼聲遂與時俱增。在這時代的轉 捩點上,地方自治法制化的方向實關係國家政治、社會未來的發展。本研 究乃首先釐清地方自治的意義、探討其特質及功能,繼而介紹我國地方自 治制度發展的沿革,以建立對歷史脈胳的瞭解,接著討論地方自治法制化 問題存在的原因及背景及其所引發的其它相關問題,試圖找出關鍵所在, 進一步對各方所提法制化的途徑(包括政府所採行之方案)予以歸納、整 理分析、評估,並提出作者之建議,冀能為健全地方自治發展奠立良好的 法制基礎,使我國在改革中能轉型成功,為民主政治立下萬年根基。
3

Odpovědnost za škodu způsobenou při výkonu veřejné moci s důrazem na institut regresní úhrady / Liability for Damage Caused by Exercise of Public Authority Focusing on the Institute of Regress Damages

Vyskočilová, Martina January 2018 (has links)
Liability for Damage Caused by Exercise of Public Authority Focusing on the Institute of Regress Damages This thesis focuses on liability for damage caused by exercise of public authority with an emphasis on the institute of regress damages as stipulated by Act. No. 82/1998 Sb. The institute of regress is emphasized throughout my paper as the fundamental research questions are: How is the institute expressed by positive law? Is it being used or is it only an empty provision? And how exactly is it being used? What is the success rate? If it is not used, what are possible reasons? The text is divided into four parts with subparts of first and second level. First part analyzes the key terms such as liability, damage, public authority and its entities. There is a disctinction between the public authority entity, who is liable for the damage, and the actual bodies, who exercise the authority. I also included a brief subchapter related to damage caused by lawful exercise of public authority. Second part analyzes how liability for damage caused by public authority is enshrined in the Czech Republic. First I addressed constitutional and international aspects, followed by provisions of Act. No. 82/1998 Sb., which is the foundation stone of the regulation. Third part is dedicated to the institute of regress...

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