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A Study on Legal Characteristics of ROC s Maritime Enquiry System
| 题名： | A Study on Legal Characteristics of ROC s Maritime Enquiry System |
| 正文语种： | 中文 |
| 作者： | 蔡家豪 |
| 关键词： | Maritime enquiry committee;Maritime enquiry;Due process of law;Remedies |
| 摘要： | In the event of ship's collisions or maritime incidents within the territorial waters of the Republic of China (ROC), the Government has to immediately carry out a search and rescue mission to safeguard human lives and property. After that, the Maritime and Port Bureau will convene a team of maritime experts and scholars to form a Maritime Enquiry Committee that will ascertain the causes of the incident as well as the responsibility of each party. This paper shall discuss the following issues: (1) the legal status of the Maritime Enquiry Committee, (2) the nature of the team's Maritime Enquiry Committee in civil law, (3) the route of remedy in the event that the parties dispute the Committee's findings, and (4) the administrative penalties and remedies pursued by the Maritime and Port Bureau according to the Maritime Enquiry Committee. In addition, several Maritime Enquiry Committee reports and proposed recommendations regarding the statutes on the Maritime Enquiry Committee and the procedures in place to protect defendants shall be analyzed. |
| 期刊名称： | 航运季刊 |
| 出版年： | 2017 |
| 期： | 03 |
| 页码： | 49-75 |
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