民間參與公共建設政府接管的研究

Abstract

近年來，政府在訂定「促進民間參與公共建設法」並藉以大力推行民間參與公共建 設，不論是政府招標或民間自行提案，促參案件逐年增加，成為國家成長發展的重要助力。然而並非所有促參案件都能順利完成，在部份執行困難案件發生後，主辦機關可依促參法52條之規定要求限期改善到終止合約。部份公共建設涉及重大公共利益，主辦機關得採取適當措施，繼續維持該公共建設之營運。在民間機構持續未改善或因其它原因無法繼續維持營運時，主辦機關得以強制接管營運。為因應強制接管發生時能有據以施行之法規，各行政機關先後依照促參法第53條訂定強制接管營運辦法。強制接管法的公布與實施，對現今蓬勃發展的民間參與公共建設、民間與政府間的利益有何影響？而各機關現行之強制接管辦法是否完善，即是本論文研究的主題。

In recent years,government was set up the laws for promotion of private participation in infrastructure projects,and carry out that with great exertion.With the cases increase year by year,no matter the cases were the government perform or the folk responds, promotion of private participation in infrastructure projects already became an important boost for nation.Howerver,not all of the cases of promotion of private participation in infrastructure projects completed successfully.When troubles have occur in the process,the government could ask the private to improve that in a time limit even sotp the contract.Some cases of promotion of private participation in infrastructure projects involve profit of the multitude.To think about this, the government can keep them work by some means suitable. If the cases still not get better or unable to continue work,government would take over on them and make it run.Departments of the government set up the rules for take over and management according the 53rd of laws for promotion of private participation in Infrastructure projects.To the government, private and the exuberant state of promotion of private participation in infrastructure projects , what effects had be make when the rules for take over and manage were promulgated?Are the rules for take over and management from departments of the government faultless? Is the subject of this research.