碩士 / 中原大學 / 財經法律研究所 / 104 / Torts, meaning that persons who have suffered from the wrongful acts of others may seek compensation in a civil suit for damages. The system of the tort aims at measuring the freedom of behavior and protection of rights and interests which involves human dignity and free development of personality. The Civil Law of Taiwan takes tort as a contributing cause of debt, which means imposing sanction against the illegality. Moreover, it has positive effects to prevent and reduce the right to be inflicted.
State liability refers that the responsibility of damages, losses and breaches because of the nation''s conduct of public law. The concept of the state responsibility includes liabilities owing to lawful and unlawful conduct of civil servants. Recovery of loss, meaning that people who have suffered special loss since legitimate conduct of the nation and was given pecuniary recovery. However, compensation means that the person who sustains injury or pecuniary damages may seek remedies as a result of illegitimate conduct of the nation. The differences of the above, is that the legitimacy and illegitimacy of the actions of state.
The liabilities of tort of civil servants and state compensation are for special subjects. Three elements must be established in every tort action. First " constituent requirements "(objective element), second," illegitimacy "(objective element), and third, " imputability "(subjective element). As for damages, we need to examine whole three elements to see if the person was injured as a direct result of the defendant''s breach in every case.
The point of the research is to understand the main reason of the liabilities of state compensation of customs via analyzing the elements of tort liability of civil servants in civil law and the elements of state compensation law. Through analyzing and generalizing practical opinion of relative state compensation controversies of customs to sum up the behavior of contributory causes and improvement measures of state compensation of customs. Trying to be a reference of exercising authority in the future.
| Identifer | oai:union.ndltd.org:TW/104CYCU5308002 |
| Date | January 2016 |
| Creators | Tien -Chuang Fong, 馮天縱 |
| Contributors | Chih-Ming Jau, 姚志明 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 183 |
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