2011年11月18日 星期五

Flood--No longer natural disaster

In the past, flood was considered one of the major natural disasters. Think again.

Natural disaster is defined as a disaster caused by the nature that human being cannot control or prevent. In this case, the government can just provide fund to relieve victims’ pain and loss. Unfortunately, it is usually trivial.

If the disaster is now defined as man-made, mainly due to the breach of duty from the government employees, the victims have right to claim state compensation to substantially relieve their pain and loss.

Follow the flow of the news events below, and read the law.

Don’t ignore your legal right.

Typhoon Kalmaegi, 2008:

Central weather bureau issued warnings on July 18 2008

http://www.taipeitimes.com/News/front/archives/2008/07/18/2003417755

The heavy rainfall induced flood and caused loss of lives and property on July 19.

http://www.taipeitimes.com/News/front/archives/2008/07/19/2003417912

who’s responsibility?

http://www.nownews.com/2008/07/20/11490-2307131.htm

“JUSTICE in time” state compensation, Nov 13 2011.

http://news.chinatimes.com/domestic/11050610/112011111300232.html

http://n.yam.com/ebcnews/society/201111/20111113262518.html

Protect your right, claim your money.

國家賠償法 State Compensation Law

2

本法所稱公務員者,謂依法令從事於公務之人員。

公務員於執行職務行使公權力時,因故意或過失不法侵害人民自由或權利者,

國家應負損害賠償責任。公務員怠於執行職務,致人民自由或權利遭受損害者亦同。

前項情形,公務員有故意或重大過失時,賠償義務機關對之有求償權。

3

公有公共設施因設置或管理有欠缺,致人民生命、身體或財產受損害者,國家應負損害賠償責任。

8

賠償請求權,自請求權人知有損害時起,因二年間不行使而消滅

自損害發生時起,逾五年者亦同。

Discussion:

1. Is the place you live vulnerable to flood? How well are you aware of message about the warnings of strong rainfall or flood?

2. If you were the policymaker, what is your plan to reduce the citizens’ damage from flood?

3. The defense of the Central Weather Bureau is that precise weather forecasting is difficult under current technology. Do you buy it?

4. Let’s try to propose as many cases as possible that the victims can claim state compensation.

2 則留言:

提到...

I have prepared this topic for Nov 20.

TINA 提到...

Dear all,

I am not feeling well today. SO I will take a leave of absence. Sorry for not being able to join you today. Enjoy the discussion.

Tina