Dissertation/ Thesis
The standard operation procedures of fire rescue and a study of the state compensatory liability
| العنوان: | The standard operation procedures of fire rescue and a study of the state compensatory liability |
|---|---|
| Alternate Title: | 消防救災標準作業程序與國家賠償責任之研究 |
| المؤلفون: | LEE,YEN-CHING, 李燕青 |
| Thesis Advisors: | 黃俊杰 |
| سنة النشر: | 2015 |
| المجموعة: | National Digital Library of Theses and Dissertations in Taiwan |
| الوصف: | 103 This study investigating the discussion of J. Y. Interpretation No.469 which bases on “Fire rescue standard operation procedure” and the quotations of “Schutznormtheorie” are usually judged by the act in the empirical judgement of Administration of Justice, in order to discriminate whether it constitutes the standers of “omission” at the 2nd paragraph in the 2nd article of State Compensation Law. Whether the discrimination which derived the liability of the State Compensation Law between act and omission has equipped the possibility of improvement in the essential doubt or not and advising the government to have more space between exploration and inspection on making the Standard Operation Procedures (SOPs) of fire rescue, to be able to strengthen the precautionary concept making the organization campaign more distributed in the future vision of development, and to create the disaster -prevented city and the country facing the disaster more flexibly are the essential cores of this study. Chapter 2 briefly describes the organization history and function of fire authority under regulation of the standard operating procedure of fire rescue. The scope of this study for research mainly investigates the SOPs of fire rescue, legal nature, analysis of obligations for firefighters and their duties. Chapter 3 focuses on “Protective Regulation Theory” investigating the State Compensation Law to fire authority. The definition and development of “Protective Regulation Theory” is mentioned in this chapter for investigating the correlation between fire department administration and State Compensation Law. Furthermore, by taking the perspective of practitioners on civil servants exercise subrogation rights into consideration exams the criterion of omission to fire authority to make sure the foundation of the law of coping with the liability of the state compensation cases. From the fire and rescue authority and obligation of state compensation, Chapter 4 focuses on the win-win solution between organs of state and people. It’s also established a professional rescue and fire investigation committee by means of the following SOPs of fire and rescue. In the views of fire authorities, From the skills about the fire rescue to the concept set up for the people’s disaster-prevention are able to make the firefighters’ work more efficiently and also able to enhance the rescue quality in the near future. Meanwhile the civils definitely will be more confident to the process and result for the technical rescue. And the final conclusion and suggestion are the following: 1.Using the conclusions discussed in every chapter to create the integrated systems makes the connection with the summaries among every chapter. 2.Proposing the constructive suggestions via the inductive methods supposes the valid references when the fire department is in the duties. 3.It also reminds the fire department to be able to slightly take the law fields into the consideration when legislating every SOPs of rescue. 4.Using the problem which is slightly considered in law fields elevates the accurate concepts of liabilities when operating the duties. |
| Original Identifier: | 103CCU01735020 |
| نوع الوثيقة: | 學位論文 ; thesis |
| وصف الملف: | 78 |
| الاتاحة: | http://ndltd.ncl.edu.tw/handle/50878128052719969327 |
| رقم الانضمام: | edsndl.TW.103CCU01735020 |
| قاعدة البيانات: | Networked Digital Library of Theses & Dissertations |
| الوصف غير متاح. |