Detailed Explanation of Damages Law

Author: (Taiwan) Tseng Long-hsing
Publisher:
Publishing Date: 2004-03-01
Features: With the development of the economy and the advancement of science and technology, the modern social structure has evolved from a simple agricultural society with rare accidents or disasters to a complex industrial society with various hazards. For example, incidents such as traffic accidents, product manufacturing accidents, medical accidents, school accidents, building collapse accidents, gas explosion accidents, fires, and environmental pollution continue to occur, with the number of victims and litigation cases increasing daily. For instance, according to the 1983 Judicial Statistics Summary compiled by the Statistics Office of the Supreme Court, the number of traffic-related cases handled by Taiwan's local courts increased from 4,108 in 1974 to 7,989 in 1983, a rise of 94.47%. Additionally, based on the 2002 Judicial Statistics Summary compiled by the Statistics Office of the Supreme Court, Taiwan's local courts received 44,730 traffic-related criminal cases in 2001, 6,529 objections to traffic management penalty regulations, totaling 51,668 cases, an increase of 12.5 times. This demonstrates that with the progress of the social economy, various accidents continue to rise. In the modern era of increasing risks from accidents and disasters, new issues have emerged regarding compensation for victims' damages. Regarding the theory of damage compensation, legislative, scholarly, and judicial developments have brought significant changes and progress, making traditional damage compensation theories unable to fully adapt to modern society. Therefore, to meet the needs of modern society, not only special laws related to damage compensation, such as the Consumer Protection Act, the Fair Trade Act, the State Compensation Act, the Highway Act, the Railway Act, and the Nuclear Damage Compensation Act, have been successively promulgated, but the 15 articles of the Tort Chapter of the Civil Code, which was promulgated on November 22, 1929, have been amended by six additional articles and three supplementary articles by the promulgation on April 21, 1999, totaling nine articles. The scope of amendments and additions to the articles has reached 60%. In light of this, the author has extensively collected and introduced new legislation, scholarly opinions, and judicial precedents from both China and abroad for in-depth research. The book provides detailed explanations of various modern damage compensation laws, titled "Detailed Explanation of Damage Compensation Laws," and is published by Sanmin Book Company. If this book can serve as a reference for practical and academic research, the author will be greatly gratified!