Dissertations / Theses on the topic 'Right of Taiwan'
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1
Wang, Yu-yu Nancy. "Promoting the right to work of disabled people? : a historical comparative analysis of Sweden, Great Britain and Taiwan." Thesis, University of Kent, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.342265.
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Lin, Ming-Hung, and 林明鴻. "A Study on Distribution Right, Rental Right and Importation Right of Copyright Law in Taiwan." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/02986604264086373575.
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碩士世新大學
智慧財產權研究所(含碩專班)
99
This essay is mainly discussing distribution right, rental right and importation right of Copyright law in Taiwan. First, it analyzes the restricted conditions of these three rights, such as the doctrine of exhaustion and parallel importation etc.. Also, it illustrates the mutual relations among these three rights. Not only does it comment on the verdicts of the courts, but also lists the most controversial case over the video disc that is for rental only. It turns out that courts have different opinions from time to time. At the end, it advances some suggestions to the future revisement of Copyright law in Taiwan.
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Wu, Chu-Tou, and 吳居都. "Patent right finance study in Taiwan." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/73100896901449907338.
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碩士淡江大學
財務金融學系
92
The thesis is discussing the possible difficulty and the current situation of patent technique finance in our country from the different respects including demand and supply, evaluation organization, and credit guarantee mechanism. It expects to examine the development and the possibility of patent technique finance in our country by the compare method and analysis method, and study the factors, which affects the patent finance. Finally , to offer the suggestion for enterprise finance. The thesis mentions a lot of methods of patent technique finance, such as authorize, grant, technique transfer, auction and mortgage etc. Each method has its own strength and defect. Borrower should depend on personal condition and choose the stuitable channel. Refer to the usual evaluation method , there are experience method, cost method, market method, net value method, and real option method. Among of them the general public more accept the net value method and real option method, the real option method may be more correct but need much more and more data. Combining the lead of government and the cooperation in public, it could set up a more complete of patent technique finance market for enterprise and increase its liquidity and trading volume
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Timethy, Tsai, and 蔡登南. "The study of water right in Taiwan." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/86272138268471418383.
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Li, Jon-Cen, and 李忠憲. "EX-right Performance in Taiwan Stock Market." Thesis, 1997. http://ndltd.ncl.edu.tw/handle/64120964653447398595.
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碩士國立臺灣大學
國際企業學系
85
AN APPLICATION OF VERTICAL-CHANNEL RELATIONSHIP ANALYSIS ON PARALLEL IMPORTATION BASED ON THE MARKET OF MOBILE LUBRICANTS IN TAIWAN As the trend of internationalization and liberalization grows, parallel importation has become widespread over the world. And the influences of opportunism make dealers in the franchised channel try harder in such gray market transactions than ever. Despite numerous researches on parallel importation focused on the causes lately, there have been no any empirical study of them by means of vertical channel relationships to analyze how could it happen in the formally franchised channel but seldom be puni This study is based on the market of mobile lubricants in Taiwan as the target. Using the four dimensions and their subject variables of vertical channel relationships, the author analyses the main factors why such opportunistic activities could go on without scruples. The result shows if the more the temptations of external evnironment (e.g. An easy access for product sources) and the problems of intrachannel interactions (e.g. The inefficiency of marketing information system) exist, the harder the s
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Li, Zhong-Xian, and 李忠憲. "EX-right Performance in Taiwan Stock Market." Thesis, 1997. http://ndltd.ncl.edu.tw/handle/40543204088303431832.
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Ke, An-ni, and 柯安妮. "The Study on Water Right Transaction of Taiwan." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/15874644517023082647.
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Huang, Yi-Bee, and 黃怡碧. "Challenges of Contextualizing UN Human Rights Indicators in Taiwan: Focusing on the Right to Work and CRPD Rights." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/5457fz.
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博士國立陽明大學
公共衛生研究所
105
Human rights indicators are tools developed by the Office of the United Nations High Commissioner for Human Rights (OHCHR) to monitor the fulfilment of human rights obligations of each country. Indicators are normative in that the conceptual framework aims to transform principles contained in the human rights conventions into measurable indicators. The purpose of this research is to analyze the possibility of applying this indicator in Taiwan. The first part of the study is contextualization of the “right to work” indicator developed by the OHCHR. The methods included legal analysis, consultation with experts, and focus group discussions among vulnerable populations such as indigenous peoples, recent immigrants, and persons with disabilities. Following consultations and discussions, suggestions for amending the OHCHR indicators included adding an attribute on collective labor rights, and adding some indicators: combining work and family life, workplace discrimination, and involuntary part-time employment. In addition, this research identified the shortcoming of performing data disaggregation using the currently available administrative data or national surveys; several methods of improvement were proposed. The second part of research was applying the OHCHR framework to develop a set of indicators for persons with disabilities. The UN human rights indicators were developed to cover the total population, and detect difference in the achievement of human rights among specific sub-populations by data disaggregation. However, because of the limitations faced by data disaggregation and the special needs of persons with disabilities, it seems reasonable to develop specific indicators based on the Convention on the Rights of Persons with Disabilities. This research borrowed OHCHR’s conceptual framework and methods, and developed three sets of indicators on discrimination, accessibility, and bodily integrity. The theoretical and practical limitations of the use of indicators were discussed, and some follow-up research were suggested. Despite these limitations, the study suggests that the government can make use of human rights indicators to collect and release information as tools to monitor the fulfillment of human rights obligations.
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Wu, Yu-Feng, and 吳玉鳳. "Taiwan Petition Right Development - A Study through Cases in Taiwan Provincial Assembly Files." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/86882603007095407871.
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碩士國立臺灣師範大學
政治學研究所
93
In a period of five year, seven month, and ten days begins in May 1, 1946, the Taiwan Provincial Assembly and its successor Taiwan Provincial Interim Assembly regularly held 11 semiannual meetings to review Taiwan Provincial Government work, to discuss the Province senator proposals, and to investigate on petition requests from public in Taiwan Province. According to the archive record published by the Secretary of Taiwan Provincial Assembly, a total of 277 petition cases was discuss, concluded and turned to the province administrative office to carry out the orders from Assembly. Taiwan Provincial Assembly tried hard in indemnifying people life and to protect human right of liberty. Under the framework of parliamentary democracy, the Assembly set up a committee with five to seven committee members to continuously take pubic petition request when regular Taiwan Provincial Assembly session were off. In this study, digitized archive of the Assembly history record is used to draw a picture of the development on Taiwanese People Petition Right. There are total of 1,743 petition cases, with 1,272 accepted, 194 dismissed, 277 were ruled favor to plaintiff. For example, in the eighth semiannual meeting of Taiwan Provincial Assembly, record shows that 44.51% of cases were accepted and ruled favor to plaintiff, 21.95% were taken into further investigation, 19.51% can carried out legally, and obstruct difficult transact cases were about 14.03%. In another words, about two third of all petition requests were successfully resolved or processed under supervision of Assembly. It has been a long way for Taiwan to learn the value of petition right. Recent history shows that Taiwan people experienced the transition of political power after World War II, the 228 society’s incident, ROC government relocation from Mainland China to Taiwan, temporary provisions effective during the period of Communist rebellion and strict authority govern. Aiming at stabilizing society, Taiwan Provincial Assembly senses the importance of giving people a way to petition. The development of the petition, democracy, and constitution in Taiwan is such a valuable history testimony, especially when society was under pain and strictly control.
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Hwang, Jong-Jen, and 黃中楨. "The Traffic Right between Taiwan, Hwang Kong and Macao." Thesis, 2001. http://ndltd.ncl.edu.tw/handle/92741020593256505839.
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碩士國立中山大學
經濟學研究所
89
The air traffic between Taiwan and Mainland China were prosecuted by Hong Kong and Macao. It didn't fit the economy, direc flight must be enforced. The air traffic market openness is not only economy but also polity. The government would especially take care with traffic right, because it will show the sovereignty. The research would analyze the air traffic right by economy and polity.
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Hsu-Tung-Yang and 許東陽. "A study of the Taiwan-Philippine Traffic Right Negotiation." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/89359780628497731633.
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碩士淡江大學
國際事務與戰略研究所
90
This structure of this dissertation is composed of five chapters as following: Chapter one: Introduction. This Chapter introduce the theory of The structure and process analysis and international Negotiation. Chapter two: The background analysis of Taiwan-Philippine Traffic RightNegotiation Chapter three: The structure analysis the Taiwan-Philippine Traffic RightNegotiation This Chapter is composed of three parts to analyze the Taiwan-Philippine Traffic Right Negotiation, these three parts are member structure analysis、third person structure analysis、Issue structure analysis. Chapter four: This Chapter introduce Taiwan-Philippine Traffic Right Negotiation by the process analysis. With that the Taiwan-Philippine Traffic Right Negotiation by the power and tactics analysis. Chapter five: Conclusion. The Chapter about recapitulation of the case andAdduce some suggestion
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CHIH, CHEN﹑CHIEN, and 陳建志. "A Study on the Right of way in Taiwan." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/05125382448370327086.
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Tai-Ying, Peng, and 彭台英. "Open-Market Capital Decrease EX-right Performance in Taiwan." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/38178875202816530093.
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Ho, Yen Sheng, and 何彥陞. "A Study on the Land Registration System in Taiwan-Focusing on Creditors' Rights in Real Right." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/36188058879748816023.
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碩士國立臺北大學
不動產與城鄉環境學系
94
Since the Civil Law announcement, it followed by the international pulsation level and the development of society and economy to make amendment; the content was detailed and complete, possessing the cautious and compendious characteristic of Civil Law System. In the Civil Law system, “Numerus Clausus der Sachenrechte” played a very impartment role in the relation of contract and property. However, it was very difficult to find the equation of elasticity of the use and uniquely resistance potency, and the impact of transaction safe. Therefore, the land registration with conclusive validity absorbs most letter cost. This article focused on the ‘Creditors' Rights in Real Right’, used the theory of “Economic Analysis of Law” to analyze the transaction costs of registration system. Then this article gave a description of the current land administrative system and land registration procedure, and observed the Civil Law, land registration system, and the relation between contract and property. Since the characters of registration of ‘Creditors' Rights in Real Right ’are different with other types of registration, it is obviously necessary for central government to design a complete registration process of ‘Creditors' Rights in Real Right ’, so as to assist local land office in implementation and improve the development of ‘Creditors' Rights in Real Right ’ system as well. To sum up, this study explored the evolution process of the ‘Creditors' Rights in Real Right’ in Taiwan and made some suggestions for its improvement. Then, tried to propose new articles or directions of modification for existent regulations. This article wanted to shorten the distant between the practical and theoretic of registration work of ‘Creditors' Rights in Real Right’.
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Zhang, Ju-Ming, and 張朱明. "Investigation of Management Practice of Surface Water Right of Taiwan." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/72537663078869494965.
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碩士國立成功大學
水利及海洋工程學系專班
94
Water Law was enacted and enforced in 1943. Water resource is naturally a national possession. The law proclaimed that the usage and benefits of water rights applied to both surface and groundwater. Hence water rights are essentially different from real estate such as land properties. Besides, government has the right to distribute water and profit from it with no need to register or explain its purpose. It has the right to punish those who violate groundwater regulations in restricted areas as well. Gradually, a thorough water right management system is formed. Recently, there have been revisions and additions to meet national environmental changes. However efficient water allocation, water resources system management and monitoring of water withdrawing are not yet addressed by the existing Water Law. Some provisions need to be made to clarify the law and to make additions for practical purposes. Water Law served to restrict, regulate and limit purposes’ water usage so that their water demands would be within a reasonable, manageable, controlled water amount. Government should be responsible for water requirements and liable to satisfy the public water use demand. Government also has the authority to set priorities in the registration of water rights, not necessarily by sequence of registration. Granting water rights should be limited. Elaborate accounting should be carried out before granting water rights according to the water use demands of applicants for either permanent or temporary use. Presently, due to the lacking of human resources and financial budgets which are required to supervise water rights, modern techniques of real-time monitoring surface water quantity and efficient water allocation strategies are necessary to supplement this deficiency. Meanwhile, owners of water rights should be notified about their legal rights and restrictions. Together with the techniques of real-time monitoring, the situation of using water inefficiently or illegally could be avoided. The study hopes to achieve the ultimate goal of improving water usage efficiency and reassuring the right of each legal water use demand.
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Shih-chang, Chen, and 陳士章. "Study on Cultural Right of Taiwan Indigenous Peoples in Globalization." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/53571706332213648644.
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碩士國立臺灣師範大學
政治學研究所
93
This thesis exerts the approaches of historical analysis and documental analysis as the major research methods. With these two methods, the thesis explores the development, aims, tendency, and effects of cultural policy of Taiwan Indigenous Peoples in Globalization. This thesis is divided into six chapters: (1)Introduction; (2) The development of the cultural policy of Taiwan Indigenous Peoples in Globalization; (3) The cultural rights of Taiwan Indigenous Peoples and its functions in Globalization; (4)The exploration of the cultural policy of Taiwan Indigenous Peoples in Globalization; (5)The actions and effects of the cultural industry of Taiwan Indigenous Peoples in Globalization; (6)Conclusion.
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Sun, Shyh-Yuan, and 孫士元. "Theory on Preferred Stockholder Right and its Application for Taiwan." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/68487762726473012283.
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碩士國立臺灣大學
科際整合法律學研究所
104
Despite the rich history of Delaware case laws on the preferred stock topic, Professors Bratton and Wachter observed that preferred stock is undertheorized. Occupying a space between debt and equity, the device draws on characteristics of both, but never seemingly feels at home given any one of the two framework in its entirety. For Taiwan, a few limited cases had also brought preferred stocks into the spot light. Altogether, there appears to be much to be said on the topic of preferred stocks. Starting from a positive review, this Thesis explores critically the Delaware case laws for incongruities and inconsistencies. The focus is on the extrapolation or progression of logical reasoning from higher level principles. The goal is to demonstrate some dissatisfaction with what the law is now, and to hopefully in turn to pave the way for what the law should be. The review begins in the 1920s and carries all the way through the most recent ones after 2010. Relying on the same contractarian approach to read the corporate contracts among the relevant corporate constituents, this Thesis next engages in a fundamental review of some hypotheses of mandatory fiduciary protection as a basis for the preferred stockholders. Ultimately for Delaware, this Thesis finds that the bifurcating treatment should be handed out with a careful analysis of the transactional context that the preferred stockholders’ bargain sought to completely address. Outside that context, a fiduciary review of ex post fairness still governs. For Taiwan, the preferred stock law is divided between the Closed and non-Closed Corporation context. The extant non-Closed Corporation cases indicate a general tendency for the Taiwanese court to adopt a full contractual framework. And, given this further reaching contractual framework, the protection against ex post modification of the preferred stockholders’ stakes is adequate. Furthermore, as a natural extension into the Close Corporation context, a full contractual framework may suit Taiwan.
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LEI, CHAO-HENG, and 雷兆衡. "The Right to be Forgotten and Its Possibility in Taiwan." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/w2prmx.
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碩士國立臺北大學
法律學系一般生組
107
In Case C-131/12 (Google Spain SL , Google Inc. v Agencia Española de Protección de Datos (AEPD) , Mario Costeja González), Court of Justice of the European Union pointed out that the search engine could be regarded as a “controller” under the Directive 95/46/EC. Therefore, under certain circumstances, the data subject could request erasure of the personal data which is available in the search results. Since then, the concept of the “right to be forgotten” has attracted a lot of attention from worldwide. Besides the EU, the discussion of the “right to be forgotten” can also be found in Japan, and Taiwan. First, this thesis thoroughly reviewed of the development of the “right to be forgotten” in EU. In this part, in order to understand the content of the “right to be forgotten”, this thesis analyzed the related provisions of Directive 95/46/EC, the judgment in Case C-131/12 (Google Spain SL , Google Inc. v Agencia Española de Protección de Datos (AEPD) , Mario Costeja González), and the related provisions of GDPR. Second, this thesis discussed the development of the “right to be forgotten” in Japan. In 2017.1.31, the Supreme Court of Japan made a decision concerning the case that a person request search service provider to delete the URLs of websites which contains personal data. In this part, this thesis also reviewed the development of the “right to privacy” and personal data protection legislation in Japan as background knowledge. Last, in order to find out whether it is possible to practice the “right to be forgotten” in Taiwan, this thesis analyzed the Personal Information Protection Act of Taiwan and the related judgments. In conclusion, this thesis regarded the “right to be forgotten” as the right to against the increasing of accessibility of personal data. Under Paragraph (2) to Paragraph (4) of Article 11, Paragraph (2) of Article 19 of the Personal Information Protection Act of Taiwan, and Paragraph 1 of Article 18 of the Civil Code of Taiwan, there is a distinct possibility of practicing the “right to be forgotten” in Taiwan. However, the future amendment of the related legislation is still necessary. Thus, this thesis also put forward some legislative proposals.
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TSAI, CHUN-WEI, and 蔡鈞偉. "A Study of Teachers' Strike Right in Taiwan from "CivilDisobedience"." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/ck53yc.
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碩士華梵大學
哲學系碩士班
106
In our society, there is still a traditional cultural value of "the principles of teachers" for employees with teacher status. Although in terms of the labor relationship, teachers and government have the affiliation of command. However, due to the tripartite interaction between teachers and schools, teachers and students, as well as teachers and parents of students, it is somewhat different from the employment of other employees. This special identity relationship makes teachers vulnerable to the attention of the public in the exercise of their dispute rights, and there are relatively more requirements for teachers to assume responsibility for educational responsibility. This article attempts to discuss this issue with Civil disobedience. First, the paper reviews the identification and transformation of teachers' identity, and then discusses the development of teachers’ right to dispute. It deduces that civil disobedience is a political act in a nearly-justice society when there is a serious violation of justice, and it is an open, nonviolent, and conscientious refusal act. This purpose is usually to change the country’s laws or policies and at the same time, it proves that the citizen does not obey the legitimacy, and then from the citizen’s disobedience of definitions, roles, and conditions to check whether the teacher has the dispute right to disagree with the law and this law conform to the principle of justice. In order to test whether teachers have the right to dispute is a demonstration of civil disobedience. Finally, this article pointed out that teachers have the right to disagreement is a manifestation of civil disobedience. The law could not protect the basic freedom of citizens; and the limitation on teachers’ right to dispute is unequal and unreasonable. Therefore, the teacher organizations can quote the concept of "civil disobedience" as the basis for reasonable protest.
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Tin, Biau-Im, and 鄭妙音. "A Study for Protection of the Indigenous Peoples of Taiwan on Their Linguistic Rights from Learning Right." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/36692560879901438795.
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碩士國立臺北教育大學
文教法律研究所
100
The study aims to probe the protection of the Indigenous Peoples of Taiwan on their Linguistic Rights from the aspect of Learning Right. At first, this study would like to explore the connotation of Learning Right; as the study demonstrated that the signification of Learning Right is “taking fulfilling Indigenous” learning needs as the core of the study”, and to make it possible to accomplish self-satisfaction via learning Mother tongue. As the follows, by the method of probing Indigenous Peoples and Linguistic Rights, the study found out that the signification of Learning Right should take Indigenous Peoples as the subject as well as Learning Right of Mother Tongue equally and independently. This study also compares the current language policy, school system and legislation via analyzing Māoris’ the school system and concerned legislation. In the end of the study, the study concluded the result as the above mentioned; moreover, the study reviewed and analyzed how to protect the Linguistic Rights of Indigenous Peoples in Taiwan from the perspective of Learning Right.
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高千雯. "The comparison of plant intellectual property right between Taiwan and Mainland China—centered on plant variety right protection." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/81868020266942992434.
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碩士國立政治大學
智慧財產研究所
97
The biological diversity resulted from varied climate and the long term investment in agricultural industry have made Taiwan's agricultural product well known for its good quality. However, recent progress of commerce has brought some changes to this situation. In order to find a new market and create more possibilities, agricultural enterprises tend to start their new business in mainland China and the southeastern Asia. Because of the similar climate in Taiwan and the southern China, and the large market, mainland China becomes a preferable choice. But with the lack of knowledge of plant variety protection act and sense of local customs and practices, many agricultural enterprises not only lose their advantages but also their new plant varieties. To solve this problem, we try to make a series of explorations of plant characteristics, seed industry development history of Taiwan and mainland China, the evolvement of new plant variety protection act, new trends of international new plant variety protection, and new plant variety protection related act in Taiwan and mainland China. And to find out if the real agricultural environment did reflect our explorations, we further visit two agricultural companies to acquire their experiences. Through these explorations, we hope we can find out the key points of agriculture management, and make some distributions to agricultural enterprises’ operating in Taiwan and mainland China. From our research, we find out some problems in Taiwan’s and mainland China’s new plant variety protection system and environment. Problems in Taiwan’s: 1. The method to classify essentially derived variety remains unknown, and it confused plant variety breeders. 2. We don’t have independent authority to execute the grant of new plant variety right and DUS test, and it has negative effects on examination speed, examination knowledge accumulation, and DUS test guideline development. 3. The education of new plant variety protection concepts still needs to be enhanced. 4. Lack of communication between nonprofessional breeders and agricultural enterprises causes waste of research resource. 5. The nonsystematic regulations of gene modified plants protection will bring some troubles to future management of gene modified plants. Problems in Mainland China’s : 1. The broad range of exceptions to the breeder’s right of farmers, the extremely restricted breeder’s right, and the shortness of plant variety protection years all affect breeders’ will to apply plant variety right. 2. Lack of plant variety protection concepts of farmers and the weak enforcement of the regulations decline the effect of plant variety right. 3. The broad land of mainland China makes the delivering channels and transportation become important factors to the development of agricultural business. 4. The hardness of enforcement of plant variety right makes business model and cooperation of other protection methods become the key factors of success. To solve the problems, we try to provide some suggestions to government and agricultural enterprises and hope these suggestions can benefit the management of plant variety in the future.
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LIN, HSUEH-MEI, and 林雪美. "A STUDY ON THE INSTITUTION OF COMMUNITY RIGHT-TO-KNOW IN TAIWAN－AN EXAMPLE OF PRTR RIGHT-TO-KNOW IN TAIWAN－AN EXAMPLE OF PRTR." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/08420803829731325048.
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碩士國立臺北大學
資源管理研究所碩士在職專班
91
Lack of efficient management for toxic and hazardous substances has resulted in lots of environmental incidents in Taiwan during last decades. Consequently, the threat from the toxic and hazardous wastes are pervading almost everywhere around the island. Such situation not just contaminates our environment, but also harms the health of Taiwanese. When we are anxious to know what kind of the toxic substances had been produced around our surroundings, there is already an effective law in the U.S. in place, namely “Community Right-to-Know Act” to protect all Americans from the threat of toxic and hazardous substances. In recent years, such mechanism had been adopted and promoted by U.N. and OECD to other nations. The Pollutant Release and Transfer Registers (PRTR) system- a management inventory system for monitoring the manufacturing, transport, usages, discharge and disposal of all regulated substances of companies, is proposed by OECD. The most important and unique feature of this system is that all the inventory information of regulated substances is open to the general public. It is found that such public-monitoring system proves to be a positive and useful tool for the community. The main purpose of this study is to investigate the feasibility of implementing Community Right-to-Know in Taiwan. In addition to the extended literature review for analyzing the existing implementation patterns and experiences of PRTRs in OECD countries, an in-depth interview was carried out for collecting different opinions from various stakeholders, including central and local officials, industrial representatives, environmental professionals, academic scholars, environmental groups leaders, and community residents. The results showed that the majority of stakeholders were favorable to the PRTR system to be installed in Taiwan. Finally, Some concrete suggestions for the future implementation were also proposed.
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Chiu, Wan-Hui, and 邱婉惠. "Who is the Mr. Right for Tour Agency? The Research of the Right Person in the Right Position - An example of Sales Representatives in Taiwan." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/91604716974164439810.
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碩士銘傳大學
觀光事業學系碩士班
101
This study aimed to explore relationship of personality traits and job performance of the travel agency sales representatives in Taiwan. Since the purpose of selecting employees’ is to improve the competitiveness of organization, then the organization should know what kind of personality could drive people to achieve higher job performance and create the sustainable competitive advantage have been interested to researchers and travel agency industry. The study used “Career Personality Aptitude System”(CPAS) as evaluation tool which is basically a kind of personality characteristic test and mainly used for measuring the aptitude of individuals for occupations. There are 230 sales representatives finished the evaluation test, included department of business and retail sales representatives in the travel agency. The analytical method applied in this study was SPSS 19.0 Decision Tree Analysis, which is under-utilized in tourism studies. Based on the analytic results, three key findings can be observed. First, the common obtained significant career personalities for the travel agency sales representatives are “Innovative, Plasticity, Independence and Deliberate”, and they will be the most suitable candidates and retaining the most talented employees. Second, the common obtained significant career personalities for business sales representatives are “Directive, Sustainability, Innovative, Independence, Sensitivity”, and they will be the most suitable candidates and retaining the most talented employees in the travel agency. Finally, the common obtained significant career personalities for retail sales representatives are “Innovative, Directive, Independence, Deliberate, Sympathetic”, and they will be the most suitable candidates and retaining the most talented employees in the travel agency. Based on summary of the research, advanced suggestion and discuss were proposed for providing HR management and the related industries should recruit the employee who has suitable personality in order to create the sustainable competitive advantage .
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Li, Chih-Pin, and 酈治斌. "Intellectual Property Right''''''''s Strategy & management of Taiwan Technological Enterprise." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/12906368425330980809.
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LU, CHENG-WEN, and 呂政文. "An Analysis of Appraisal Right in the Company Law of Taiwan." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/5n4383.
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Chia-YuLi and 李佳育. "The Construction and Review of Fundamental Right of Culture in Taiwan." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/3dzn58.
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碩士國立成功大學
法律學系
102
Cultural guarantee of law has always been unclear. Besides, cultural right is regarded as undeveloped by United Nations Education Scientific and Cultural Organization. Culture, as a term, is hard to define for its extensive meanings. Many similar terms has been used among those literature or discussion on cultural guarantee, such as cultural right, citizenship or civil cultural right, yet the definition of each and the relation with the others remains unexplained. This is why cultural studies are always abstract and unfocussed. This essay will start from establishing fundamental right of culture, and make a clear definition of those relative terms in cultural studies. This essay will also draw a thorough study of fundamental right of culture by giving relative examples. The purpose of the principle of culturally diversified state, as the main basic of cultural guarantee, is to guarantee the self-fulfillment of people. The significant value of cultural guarantee is to protect pluralistic culture in society and the cultural identity of people. However, the meaning of culture was limited by government within the range of aesthetic, instead of cultural guarantee. This essay hopes to broaden the horizons on cultural guarantee, and get down to the core of culture: self-fulfillment of people.
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Kao, Hui-chu, and 高惠珠. "Women''s Right Discourse in Media Representation in Taiwan." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/03319352941807337592.
Full textAbstract:
碩士南華大學
教育社會學研究所
99
Women’s movement in Taiwan is gradually developed from the public sector to the private sector. The issues include rescue of child prostitute, work rights, amendment of the Civil Code Part IV Family, personal safety, and physical autonomy. Statements of women’s groups have turned from conservative human care to criticism on gender inequity of social structure. Appeals of women’s groups change from the awakening of female consciousness in 1970s to the pursuit of gender equity in 1990s. Women’s groups intend to avoid the discrimination of the whole social structure and patriarchal system on women, and treat gender equity as the goal. This paper attempts to restore appeals of women’s groups from the information of newspapers and magazines, and explore the issues from the private sector to public statements according to the content. Using text analysis, this paper restores the appeals of women’s groups through newspaper reports, and responds to the public’s recognition. Moreover, it probes into feedback of appeals, claims and reflection of women’s groups to the society, as well as the responses of the society. Statements of women’s rights in media of Taiwan turn to the issue of marital violence. It demonstrates how women’s groups successfully change the issue of the private sector into public statements after the society’s attention on “Teng Ju-wen’s murder of her husband” in order to implement their claims and appeals. By three important issues of women’s movement (i.e., rescue of child prostitutes, amendment of the Civil Code Part IV Family, and physical autonomy), this paper probes into the change of the statements of women’s rights in the reappearance of media. At the stage of “rescue of child prostitute”, women’s groups can reflect on social issues; however, they cannot specifically solve the problems. At the stage of amendment of the Civil Code Part IV Family, women’s groups can judge the social problems, and also solve the problems by laws. At the stage of physical autonomy, women’s groups carry out their ideals, as they not only change the culture, but also turn the problems of the private sector into the public sector. Thus, individual problems become social issues.
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Huang, Yuan-Chun, and 黃元均. "Research on the Control Right Transformation of Taiwan\'s Listed Companies." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/x8x42y.
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碩士國立交通大學
財務金融研究所
108
The main contribution of this study is to find out the reasons for the change in the control of Taiwan's listed companies in the past two decades. This study defines that the control right is transformed when a company's final controller loses control of the board, or the number of the control power is decentralized, or the control right of the controller change more than 10% and becomes less than 20% after one year, or the board member change more than 10% and becomes less than 50% after a one year change. The study found out that the company's stock performance, company size and leverage highly influences the decision of the final controller. In addition, whether a member in the company has inherited in the past, whether the chairman is internalized or the final controller's equity deviation is also an important decision-making factor. The control right of Taiwanese companies is mainly concentrated in the hands of family members. The sample of this study was taken from the Taiwan listed companies from 1996 to the end of 2017. With reference to the measurement method of the final controlling shareholders of La Porta et al. (1999), it was finally determined that 406 listed companies were selected. The empirical results show that companies with small scale, large financial leverage, high stock returns in the past, no inherits in the past, no internalization of the chairman, and low equity deviations tend to lose corporate control right. Not only these results are in lines with the past researches on the reasons why do firms become widely held, the following newly designed variables — whether having inherits of family member, the internalization of the chairman, and the degree of deviation of the company's equity, are the contributions of this research, which shows that the Corporate decision-making factors has a major bearing on the company's long-term and ongoing plans.
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Hhieh, Fang-hui, and 謝芳蕙. "The Research on Lien of Rights in Mainland China-Taiwan Banks' Credit Extension to and Credit Right Assurance from Taiwan Businesses in Mainland China." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/16743338130024524814.
Full textAbstract:
碩士東吳大學
法律學系
95
With the economic reform and open policy instituted since the 1980s, mainland China has become a major region for foreign investment, among which investment from Taiwan has constituted an increasing percentage. In November , 2001, Taiwan’s government adjusted its original Go Slow and Be Patient policy with regard to cross-straits trade and investment, to the new Active Opening and Effective Management policy. Further measures to allow direct engagement in credit extension activities between offshore banking units of banks and mainland area legal entities and natural persons were adopted in order to provide multiple channels of fund transfer for Taiwanese businessmen in the mainland and to increase their willingness to transfer fund back to Taiwan. However, with the expansion by financial institutions of direct credit extension services to Taiwanese businessmen, the question of how to protect the banks’ interests remains a crucial one to both the Competent Authorities and the financial institutions. Though the use of collateral has long been the practice to protect the banks’interests, with the change in social and business patterns, ideas of property as well as in relevant laws, the role of lien of rights has become increasingly important as a type of collateral. It is therefore the aim of this thesis to study and analyze the lien of rights of mainland China, particularly the lien of rights and ways of setting up, and exercising the lien of rights, so that the risks of extending credit to Taiwanese businessmen in China could be reduced through the use of the lien of rights. Furthermore, though the government has allowed direct engagement in credit extension activities by financial institutions to the people, legal entities and natural persons in mainland China, certain restrictions still apply toward who qualifies for the credit and how much the credit could amount to. Mainland China is also a country with high restrictions on foreign currency and has long used a system of registration toward foreign debts and collateral. To ensure the legality and effectiveness of credit borrowing and collateral provision by businesses located inside China to overseas financial institutions, Taiwanese financial institutions should not only observe Taiwanese laws but also attain a detailed understanding of relevant practices in China related with the system of foreign debts and collateral. This thesis also discusses these relevant practices and regulations in the hope that credit extension activities could function and develop smoothly based on an understanding of laws and rules on both sides of the Taiwan Straits.
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Wu, Yi-Lun, and 吳奕綸. "The Right to Initiating on Referendum under the Constitutional System in Taiwan." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/93308028375232197765.
Full textAbstract:
碩士國立臺灣大學
國家發展研究所
96
The key to referendum is by whom such mechanism can be initiated. The initiator has discretion as to whether to exercise such right and how to set up the referendum topic of a particular issue. Such discretion given to the initiator may even affect the outcome of the referendum. Based on the domestic and international researches on referendum, it is found that the political motive behind referendum and the expected function on referendum vary from the party in whom the right to initiate is vested. This essay emphasizes on how the right to initiate will function and the restriction, if any, to the right to initiate under the constitutional system in Taiwan. The approach adopted by this essay is Legalistic Approach, for the most part, and Historical Approach, as a supplement. This essay also works on the issues of referendum under the constitutional system by Document Analysis and Comparative Method. This essay can be divided into three parts: Introduction, Article, and Conclusion. In the Article, Chapter 1 discusses the basis of referendum; Chapter 2 and 3, based on the basis discussed in Chapter 1, analyze which type of referendum topic must be authorized by the Constitution. Chapter 2 and 3 further determine whether certain type of right to initiate, based on the type of referendum topic, is vested in or excluded from a certain party by comparing the type of referendum topic with the party who initiates the referendum. Chapter 2 and 3 will then conclude as to whom the right to initiate referendum belongs under the Constitution. By analyzing referendum actually held, Chapter 4 will analyze and make suggestion to the revision of right to initiate under the Taiwan Referendum Act from legal and empirical perspectives. In the Conclusion, this essay will come to a conclusion that only the President, Legislative Yuan and the People are entitled to initiate referendum under constitutional system. The President can only initiate referendum under extremely urgent situations; however, if such issues cannot be solved by referendum initiated by the President, then the right to initiate referendum with respect to such issues should be excluded from the President as a matter of legislative policy. The Legislative Yuan can only initiate referendum on legislation-related matters and only when it is necessary. As such, the People are the focus when the right to initiate referendum is concerned. Hence, as a matter of legislative policy, the Referendum Act shall be structured based on the understanding that the People are the holder of the right to initiate referendum.
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Lin, Sheng-Ping, and 林聖蘋. "Exploring Taiwan Stray Dog’s Problem From Tom Regan’s View of Animal Right." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/36389859778100516717.
Full textAbstract:
碩士國立中央大學
哲學研究所碩士在職專班
95
Under Taiwan''s weak animal care consciousness, it has been very inhuman to deal with stray animals. Although the government has been promoting the idea of animal''s protection repeatedly, there is huge gape between the reality and the practice. Therefore, this article attempts to explore the problem through Singer’s view of liberation of animal right and the Regan’s respect for life. It includes the dialectical debate between philosophers Frey and Cohen, the Regan response, the way Taiwan treats stray dogs and philosophical discussion about it. Hopefully, through examination of the cases, it makes readers comprehend various problems and situations of stray dogs in Taiwan, and puts some forward beneficial suggestions. Since the animal right is decided by person''s moral introspection as well as the practical tutelage, it hopes to arouse people''s morality through education. From the view of law, since The Animal Protection Law is passed, animals still have right of survival even they could not be aware of it and demand it on their own initiative. Through the advocating of legislation of animal rights and the external supervision, it could regulate the public more efficiently. It hopes to arouse the concern of the public on animals’ right and make the public comprehend the gravity of the stray animals’ problem through the relative discussion, which forms the public pressure and then becomes the animals’ policy reform strength. This article makes reference to Regan’s system- " value –theory of main body of life ." Regan emphasizes every life has its own value and should not be injured and deprived of the right of survival. By proposing the concept of animal right, it explores the problems of stray dogs in Taiwan and tries to arouse people''s morality and concern about life, in order to prevent the mistreatment and massacre of animals. Its foundation lies in two parts: one is Regan’s view of animal right; the other is stray dog''s problems; these two parts are connected by moral ethics. Every practical action has its theoretical foundation, so the article consists both of them. The third chapter is based on Regan’s view of animal right; the fourth chapter discusses the solution to Taiwan stray dog''s problems and utilized Regan morality of animal right to the problem. Its purpose is to arouse the public concern’s on animal right, to promote legislation and education animal right, that’s practical action, and to decrease Taiwan stray dog''s death rate.
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Jheng, Run-Hong, and 鄭潤鴻. "An Analysis of Expiration Disputes of Superficies Right-Based Housing in Taiwan." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/14310316018459098351.
Full textAbstract:
碩士朝陽科技大學
營建工程系
102
This paper analyzes the issues and disputes brought about by the expiration of residential superficies in Taiwan, using established superficies experiences from Singapore and China as a basis for a comparative study. In Taiwan, buildings on expired residential superficies are reclaimed by the government without payment, leading to loss of ownership of the buildings for the superficies owner. Furthermore, superficies and buildings have differing usage lifespans, which could lead to conflicting problems between the two. When a superficies’ lifespan moves closer to expiration, a superficies owner is less likely to consider updating old buildings, resulting in building deterioration and idle land issues. If a building lifespan is closer to expiration than the superficies and the building is not properly being utilized, it becomes a waste of a resource. Overall, reclamation without payment often causes disputes, therefore meaningful use of the buildings and lands should be of a priority. According to Yu-Sheng Chang’s “Life Cycle Assessment on the Reduction of Carbon Dioxide Emission of Buildings” study, the average age of a demolished building in Taiwan is approximately twenty-three years, which is drastically lower than the accepted economically effective lifespan of fifty years. Reasons for this may include the reduction in the cost-effectiveness of the building as it ages. While such existing buildings pose no safety issues or concerns for users, if left unrestored could potentially become obstacles for economic improvement. With the premise of preserving personal assets and contractual interests, this paper argues that reclamation of buildings upon superficies expiration should be done with payment to the owners, based on an appraisal of the building status using the real estate appraisal system, to determine whether payment is done by monetary means or through an extension of the superficies lifespan. As for the proper usage of buildings and lands, once a building reaches the end of its usage lifespan and the superficies owner choose against restoration, the superficies contract could be terminated early, so as to avoid idle land issues or building deterioration. This in turn could reduce potential problems brought about by unused aging buildings such as safety and aesthetic concerns. After early termination of superficies, the government should repay the owners royalties based upon a ratio established from remaining lifespan of the superficies being terminated. When the government reclaims buildings that are nearing the end of their useable lifespan, they could convert such buildings into public housing, which would not only make use of the building, but also provide residential housing for low to middle income households. The topics mentioned above represent examples of issues that may arise when superficies expire, with a flawed legal system acting as a contributing factor. If the legal system could take into consideration the many possible scenarios that exist in the case of expiring superficies, the number of disputes that may arise could be reduced.
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Chien, Wan-Ju, and 簡婉如. "Personality Right Protection for Personal Information and Analysis of Practice in Taiwan." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/9k4eq2.
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Chen-Ling, Huang, and 黃貞綾. "On the U.S. Intelluctual Property Right Negotiations with Taiwan and China : 1989~1999." Thesis, 2000. http://ndltd.ncl.edu.tw/handle/08268701708580736775.
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Chia-WeiWang and 王嘉薇. "A Comparative Study on Prior User Right in United States, Japan, and Taiwan." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/sbznf5.
Full textAbstract:
碩士國立成功大學
法律學系
103
The prior user right system has played an increasingly important role in all nations’ patent laws, and has great significance for balancing the interests of patentee and the prior user. Article 59(3) in Taiwan’s Patent Law:「the effects of an invention patent right shall not extend to the following circumstances: acts done by a person who has been exploiting the invention or making all the necessary preparations for doing such act in this country before the filing date of the invention. However, this provision shall not apply where the person has learned of the invention from the patent applicant for less than six months and the patent applicant has made a statement reserving his/her right to a patent being granted…」. In 2011, the clause of prior user right has been changed. However, there are some shortcomings in our prior user right system in the legislative. The research tries to put forward how to perfect the System under the national situations of Taiwan through comparison on the same System in the United States, and Japan.
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Wu, Ming-wan, and 吳明宛. "Sports Injuries or occupational accident？The study of occupational dancers’labor right in Taiwan." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/40790682208928854469.
Full textAbstract:
碩士國立中正大學
勞工所
96
「Occupational dancer」,It’s very few part of labours in Taiwan. Totally, there are only 44 occupational dancers, who are affiliated with Cloud Gate or Dance Forum. Because of the fewer numbers and most people always pay great attention to its contribution and the creation for art, it’s easy to neglect by the mass population and forget occupational dancers who are also labours, have qualification to use the basic Labor Rights. So this research will focus on occupational accident and understand clearly about occupational dancers’ indemnification, especially and intends to probe the relationships among occupational dancers’ characteristics, labor consciousness and physical injuries. The research methods are literature analysis and depth-interview, adopted interviews of 11occupational dancers. The major findings are the following: Occupational dancers also aren’t made the most of laboring position in Taiwan and are excluded from The Labor Standards Act. Because of this situation, The labours can’t have the use of laboring basic security. Even though there are already dancing unions for occupational dancers, but these union organizations can’t provide really important functions in theory. In this way, occupational dancers may get unfair treatment when they work, but nobody will help them. Perhaps occupational dancers’ physical injuries are not so serious and urgent like other occupations, for instance: the manufacturing industry and the mining and quarry industries. The legal rules must do justice for every labours and don’t take care of any case discriminatively. The suggests are following: 1. Is Labor Standards Law useful for occupational dancers？ --Increase national budget for artist group --Encourage enterprises to support artist group --Set up a concept of user-pays in art performance viewers. --Organize orchestic trade union. 2. How can the art school draw up their instructional programme afresh？ 3. Develop Commercial social insurance for artists will be advantageous way to help occupational dancers improve their rights and interests of work.
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Wang, Wei-shiang Alex, and 王韋翔. "An Exploratory Study on the Intellectual Property Right Information Service Sector in Taiwan." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/11945662511254594601.
Full textAbstract:
碩士國立政治大學
科技管理研究所
90
Intellectual Property Right (IPR) is a monopoly right for a period of time that governments encourage innovators to disclose their innovation. The published information is called “Intellectual Property Right Information” which included over 90% humans’ intellectual innovation, and companies may use the information to save money and time in R&D. The usage of IPR Information can be seen as a value-added process, and it requires professional service providers to search and analyze useful information from IPR database and to design useful tools for their clinets. The aim of this exploratory research is to study the professional service sector in Taiwan by wide data-collecting and interviews. For observing the current status, the value chain, the cooperation with other service providers, and the developing strategy, this research uses product mixes and targeted markets, value-added activities and required knowledge, organization and human resource management, professional marketing, strategic alliance and merger and acquisition as five indexes. The cases in this research include Asia Pacific Intellectual Property Association, Asia-Pacific Technology and Intellectual Property Services, Inc., LearningTech Inc., IP Tech Inc., Su Cheng (Knowing Power) Inc., and IP Era Inc. This research finds out that all the cases are srtart-up, and knowledge-intensive. The most upstream is the databases built by governments and this sector dilutes, monitors and translates these databases, or enhances the convenience. Some companies in this sector provide IPR search and analysis services, and the results may be useful for R&D, IPR lawsuit, or technology transfer. This research suggests that this sector should enlarge the market by educating their customers with professional services and cooperating with other technology commercializing service companies. In the mean time, Taiwanese government may consider to enhance its IPR database and to assist local companies to utilize other IPR databases around the world.
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Chang, Chiung-Yueh, and 張瓊月. "A Study of the Right of Publication in Taiwan and the Mainland China." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/40355675539908547722.
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Lee, Tsai-chin, and 李采芹. "Research on Special Sacrifice Damage Compensation Principle in the Property Right in Taiwan." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/44537639991121994792.
Full textAbstract:
碩士雲林科技大學
科技法律研究所
98
This research focusing on the tort of private property rights are damaged by the government for public welfare in administrative law. This is called "special sacrifice" and the government has to pay the "compensation". And author will arrange and analyze the focus of this research in judicial practices. For the results of "Separation of Powers" principle is acted in Taiwan, in accordance with the problems and conflicts to address personal comments. Expecting that this research is able to promote the protection level of private property rights, and the government could face these problems. Chapter 1 is the exordium of this research. Chapter 2 is introduction the background of "special sacrifice", and the private property rights are damaged by the government for public welfare. They suffered special sacrifice and could request government to pay the compensation. "Special sacrifice damage compensation principle" is the "general principles of constitutional law gradation." Chapter 3 is the principles of Germany and the United States, they are "quasi- expropriation damages", "expropriation- effected disturbance", "physical takings", and "regulatory takings". They will be contrast with "special sacrifice" in Taiwan. Chapter 4 is about special sacrifice in judicial practices, author will analyze and address personal comments. Chapter 5 is about the analysis of statute in Taiwan. Expecting that the private property rights are damaged by the government in Taiwan, people could request government to pay the compensation. Finally, conclusions are given in Chapter 6.
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Hung, Cheng Kuo, and 洪政國. "System of the China and Taiwan A Comparative Study of the personality right." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/20268545350982870635.
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LAI, YI-HSIN, and 賴怡忻. "Study on Protection of Labor Right and Interest of Flight Attendants in Taiwan." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/xh9hwz.
Full textAbstract:
碩士中國文化大學
法律學系
107
Recently, protests that the flight attendants hit the streets to fight for their unsound labor rights have been heard. The imperfection of the labor rights and interests affects not only the employees themselves but also the employers. For the airlines, operational development, business interests and flight safety are all based on good service quality of employees during every flight journey. Therefore, how to create a three-win labor relationship and conditions for labor, capital and passengers is the original intention of this thesis. Through depth interviews, we understand the current situation of Taiwan’s flight attendant labor relations and difficulties they faces. In view of the related disputes and labor conditions guaranteed in the process of labor contract implementation, this thesis discusses the relationship between the Labor Standards Act and the rules of aircraft flight operations under the current conditions of applicable regulations of flight attendants in Taiwan, the related disputes encountered during the performance of labor contracts, and the protection of working conditions mainly under the Labor Standards Act. Finally, at the end of the article, the integration of the literature and judgments illustrates the shortcomings and related problems of the current labor rights of flight attendants in Taiwan. Due to the special work nature and environment, flight attendants serving at high altitude compared with other laborers, will face special disputes in reality. And the strikes of collective labor they have held are actually derived from unreasonable working conditions. Therefore, this article is aimed at the most controversial issues related to the flight attendants in the field of individual labor relations for in-depth discussion, including minimum service period in the contracting process, prohibition of competition, transfer, wages, working hours, sexual harassment at workplace, age discrimination, and workplace bullying. Flight attendants strike just ended in July, 2019 once again aroused high attention of the society to the labor rights of flight attendants. Through the discussion in this article, we will have a better understanding of the shortage of flight attendants' labor conditions and be able to face up to the labor rights that the flight attendants should have.
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Lin, Yuan-Feng, and 林源峰. "The Comparably of Common Legal Systems on the Usufructuary Right Between Taiwan and Mainland China —— Focus on the Right of the Land Use." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/08670311854456416428.
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碩士中國文化大學
法律學研究所
94
The land is the life basic for people to live and it’s also the important property for production. Due to the lack of it, how to utilize the land to ensure social safety and to raise life quality is the most important subject that people are concerned. Meanwhile, usufructuary right benefit of someone’s property becomes its own and utilization relationship of the harmonization articles. In addition, it becomes the important lawful system of the suitable market economic to satisfy capital assets utilization. In Taiwan, the land is existed system between public and private. The common land, except the private or public land, must follow law or the agreement between parties to have others utilize or benefit via the creditor’s right of the rant or lend or settlement of article’s right. In China, the land is owned by the nation or group and it’s used by organization or people through administration assignment or securable deed. No matter what kind of method it is, with consideration of the right judgment and guarantee of parties, it must establish law system to control and for the standard once the argument is occurred. In China, the private law system with respect to people property lasts the long term traditional habits, especially in the socialism market economic since the innovation is happened. Carrying out payable the right to the use of the land, the usufruct of the land becomes the property of the utilization value and exchange value. In addition, it can be involvement in the market for finance and deal. The right to the use of the land changes from the law relationship of administration character to law guarantee system of civil article right. With the consideration of the region civil law development, the practical experience in Taiwan with respect to land usufructuary right benefit of one’s property becomes the warning for establishing article right law system in China no matter in land utilization to raise public benefit or the judgment & guarantee of the land proprietor & right and obligation of the user. The three times counsel for China protocol of real right law finally gets fourth time counsel after annunciation and ask comments to social. Although it’s still under draft but the recommendation and counsel result which is addressed by law specialist, scholar and people also deserves the future modification reference for the rights in rem in Taiwan.
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pan, Yuan-Ning, and 潘元寧. "The Right to Be Forgotten as a Fundamental Right to Privacy in the Digital Age- A Comparison of Regulations in EU and Taiwan." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/vphk7h.
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碩士國立中央大學
法律與政府研究所
107
Before computer and internet popularized, people's memories faded away over time. Nowadays, internet development is growing rapidly, and the people would search more information by search engine on the internet, which speed up the information retrieval and spread over the world. These personal data not only can be recorded through internet, but also can be searched again and again. As the result, it might impact or influence personal privacy. ”The right to be forgotten” gives individuals the right to ask organizations to delete their personal data , that brings a hot discussion. “The right to be forgotten” comes from the European Union. In the case of Google Spain v AEPD Court of Justice of the European Union pointed out that the data subject could request erasure of the personal data which is available in the search results. After that, Directive 95/46/EC, the guidelines of article 29 working party, the report of the advisory council to google on the right to be forgotten and General Data Protection Regulation (GDPR), built up the framework of “the right to be forgotten”. On the basis of article 22 of the constitution of Taiwan, “the right to be forgotten” is guaranteed by general freedom, right to privacy and right to informational self-determination. Although the personal information protection act and civil code cover “the right to be forgotten”, the judging criteria is undefined yet. In the future, the upcoming legal reform should take into consideration the judging criteria resulting from courts’ judgments. “Blockchain” is the hot topic in recent years. The said “immutability” of blockchain may conflict with the right to be forgotten, i.e. the right to require removal. This thesis tries to provide a preliminary solution.
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胡方翔. "A Study on Working Conditions and Labor Right Protection of Employed Physicians in Taiwan." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/42771235107310698334.
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碩士國立政治大學
勞工研究所
104
In view of the special characteristics of medical industry and physician profession, it is an interesting and important topic to research physicians working conditions and practice of individual or collective labor rights. In the past, physicians were mostly self-employed with full profession autonomy; they did not consider themselves workers. Other professions like lawyers, accountants, teachers and managers had been included in Labor Standards Act as "white collar" workers many years ago, but physicians still stuck in stereotypes of "workers" and inadequate awareness of labour right. Motivated from the epidemic of physicians’ overwork, not to address the possible problems between Labor Standards Act and physicians, this study primarily focuses on the issue of "work overload" and dicusses the related problems in the scope of "working hours" in Labor Standards Act. The health insurance system in Taiwan is facing various contradictions. It is similar to the public medical system (National Health Service) in the United Kingdom while physicians are not categorized as civil servants. It combines the nature of social security in Germany and Japan but biases toward social welfare. Patients have utmost freedom of choice but without proper control. Patient demand and medical industry competition adopt free-market Liberalism, whereas health insurance payment system adopts Communist controlled economy. Since it has become a national consensus to include physicians in Labor Standards Act, the medical dilemma in Taiwan is moving into the era of post Labor Standards Act. Collective bargaining will play the key role in protecting labor right, thus "National Health Insurance Act" shall positively respond to this huge change in labor laws. Very clearly, the inclusion of physicians in Labor Standards Act is the starting point of "Medical Reform" in Taiwan. This will depend on the collective intelligence and endeavor from government, social communities and every member in medical field to bring the rebirth of third generation national health system into force. However, there could be advantages and disadvantages in consequence, we shall promote the beneficial and solve the problems with viable countermeasures.
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Lu, Li-Jung, and 盧莉蓉. "The Interrelationship between Operating Performance of Taiwan IC Design Industry and Intellectual Property Right." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/77980162253390327881.
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碩士元智大學
企業管理學系
93
Before 90s, business emphasized on tangible assets to create its value, and focus of business strategy also accentuated to acquire and maintain such kind of assets. But accompany with the coming of knowledge-based economy era, intangible assets which base on human thinking and innovation grow up considerably. In the recent years, Taiwan’s industries confront with an important turning point, and “intellectual capital” becomes abruptly a key factor to decide success or failure in the market of living competition. Furthermore, “knowledge” is regarded as a remarkable economic resource in the competitiveness and survival of a nation's enterprises. If business can utilizes this competitive weapon well, it will help build sustaining competitive advantage in the variable environment. As a result, the creation, storage and management of intellectual capital become emphasis of strategic development. After development for tens of years, Taiwan’s semiconductor industry has established a mature supply chain to support the whole circumstance. And under the endeavors of university, industry, and government, Taiwan also has achieved a leading position in global semiconductor industry. As a result, this study takes intellectual capital as a concerning subject, and selects Taiwan’s IC design industry as research scope. Utilize a series of financial and non-financial indices to investigate the performance evaluation of 16 IC design houses in Taiwan. With the application of BCC model of DEA, this study conducts the relative performance analysis among 16 IC design companies and find out the benchmark. In addition, the study performs slack variable analysis to realize the inefficiency causes from present input and output, and probes their trends during different periods. Finally this study also constructs a managerial matrix in order to examine characteristics of different types of firms, and investigates the relevance between business performance.
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Chen, Tuo-Ru, and 陳拓儒. "The Right to Strike - Case Study on the Pilot in the Taiwan Airline Industry." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/735w4c.
Full textAbstract:
碩士國立臺灣海洋大學
航運管理學系
104
Owing to the nature of the aviation industry and the long-existing unstableness between the pilot and its employer, labor dispute often occurs among the civil airline companies. In 1998, 65 TransAsia Airways pilots launched a collective resignation incident, which marked as the very first labor dispute in the Taiwan airline industry. Due to the lack of guidance by union, the said pilots were in disadvantage throughout the negotiating process; and though they won over the lawsuit 7 years after, they paid a high price in going through psychological and economic stress along the way. Another labor conflict occurred after 17 years, known as “the 2015 China Airline labor dispute”. This time the said dispute was led by Taoyuan Union of Pilots, which became the initial case in legitimately acquiring the right to strike. Comparing both incidents, we may see that the 2015 China Airline labor dispute not only successfully obtained the right to strike, but also reached consensus with the airline representatives without actually going on a strike; such huge progress reflected a noticeable improvement in the domestic airline arena within just 2 decades. This thesis compiled related rights for disputes data from Germany, France, the Great Britain, the United States, Japan, and Taiwan; and by means of thorough discussions and analyses on the above information, we probed further into the essence of the right to strike as well as its evolution and application on modern strike episodes. Additionally, this paper conducted a comparative analysis on “the 1998 TransAsia Airways labor dispute” and “the 2015 China Airline labor dispute”, and proceeded with expert interviews in the hope of grasping concrete knowledge on how the Taiwan aviation industry exercises its right to strike. Lastly, this thesis concluded by providing suggestions for the authorities concerned on future modifications of the domestic labor laws as well as related regulations.
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Weng, Chia-wen, and 翁嘉雯. "A Study of after Ex-Right and Ex-Dividend Days of Taiwan Stock Market." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/18216675517250016232.
Full textAbstract:
碩士南華大學
財務金融學系財務管理碩士班
98
Ex-right and ex-dividend -bearing securities market in Taiwan during the annual of price recovery patterns phenomenon, this study in accordance with the sample firms are collected listed on TSEC from 2002 to 2007 ex-right and ex-dividend during. By fundamentals factor, the financial factor, chips factor, dividend policy factor, the market factor five factor, respectively be verified using logistic model to explore what factors influence whether the phenomenon of the point price recovery patterns in time a significant effect. Affect the overall price recovery patterns phenomenon empirical results are as follows: 1. Dividend policy of the (earnings per share - total dividends), the only electronic stock in the second month fills in the power rest phenomenon in the bull market to present positive correlation. In dividend policy factor, the more with high share in the rate of electronic stocks and other stocks and other stocks within one month in the first and second months fill right to interest phenomenon to present negative correlation. 2. The chips surface and board of directors face part of the ownership rate of electronics stocks and Taiwan listed construction companies stocks to the bear market to present the negative correlation in the first month, presents in the bull market is positive related. In the chip surface part of the foreign shareholding ratio in the electronics stocks and other stocks within the first month in the second month to present positive correlation. 3. The financial factor of the return on equity，construction in the electronics stocks and other stocks and the Taiwan listed construction companies stocks in the first month inside with in the second month inside to present the negative correlation. On the contrary, in the fundamentals factor of capital and high stock prices and financial factor of the PE ratio had compared with no significant effect.
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Chiang, Ying-Chih, and 江英智. "Study on the Implementation and Adjusting Strategy of Exclusive Fishing Right System in Taiwan." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/40390736046442147583.
Full textAbstract:
碩士國立臺灣海洋大學
應用經濟研究所
92
Abstract The system of Exclusive Fishing Right is a major management tool in Taiwan coastal fisheries. The effectiveness of the conservation and management measures depends on the completeness of the framework of the Exclusive Fishing Right System and its implementation. According to the fishermen’s response, the problems of poor catch in coastal areas and other industries competing for the water resources in coastal areas are more serious than before. As a result, the implementation review of Exclusive Fishing Right System becomes the focus of discussion among the industries involving in the coastal areas. In this study, we have collected related documents, investigated theoretical basis of fisheries management system, and conducted questionnaire survey to address the issues of whether or not Taiwan’s Exclusive Fishing Right System follows the trend in the international fisheries management and meets fishermen’s will, and what kinds of problem it is facing. Finally, we try to offer some options to solve the above problems. In the developed countries such as Japan, New Zealand, European Union and Australia, fishery management measures including Total Allowable Catch (TAC), Individual Quotas (IQ) or Individual Transfer Quotas (ITQ), and the mechanism of joint management between governmental sector and Fishermen’s Associations have been adopted to achieve the management goal of sustainable utilization of resources. The framework of Taiwan’s Exclusive Fishing Right System is that the Fishermen’s Association or Fisheries Production Cooperatives on behalf of the Exclusive Fishing Right holders to sign access agreement with the fishermen who apply for the right of access, and to permit piscary holders to operate in the exclusive fishing areas. Such joint management plan between Fishermen’s Associations and piscary holders is consistent with the international management trend and shows flexibility because management measures in the coastal exclusive fishing areas are addressed in the terms and conditions of access agreement, which is concluded by the consensus reached by Fishermen’s Associations and piscary holders. However, according to the result of the questionnaire survey, since the Exclusive Fishing Right holders (Fishermen’s Associations or Fisheries Production Cooperatives) could not completely protect the access rights of piscary holders, piscary holders as well as non-piscary holders all can operate in the exclusive fishing areas, making the characters of exclusiveness in the exclusive fishing right to exist in the name only. In the meantime, there is no quotas system for piscary holders, encouraging them to fish more. Such activities easily lead to overfishing in the exclusive fishing areas. From our findings, we believe that the objectives of the exclusive fishing right system can only be reached by introducing a system of privatizing public property such as ITQ system, matched by the self-discipline of fishermen and management measures taken by Fishermen’s Associations or Fisheries Production Cooperatives. Finally, we make the following suggestions: 1. With regard to the amendment of fisheries laws and regulations, it is necessary to (1) legislate the measures of ITQ, and include it in Exclusive Fishing Right System, (2) make and promulgate the guidelines of self-discipline of fishermen (piscary holders), and (3) establish a mechanism for assessing the efficiency Fishermen’s Associations or Fisheries Production Cooperatives. 2. With regard to the enhancing of the effectiveness of implementation, it is essential to (1) establish more active enforcement units such as the united production and marketing groups, joint management units among Fishermen’s Associations or Fisheries Production Cooperatives, and set up specialized units of resources assessment, (2) consult with Coast Guard to support the work of surveillance at sea, (3) differentiate the access fishing vessels so that it is easy to distinguish and manage at sea. With regard to the self-confidence and social acceptance, we find that it is necessary to increase the educational training courses and reasonably plan the exclusive fishing areas, so that the self-confidence of fishermen and Fishermen’s Associations can be enhanced, and social acceptance by general public can be improved.
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Chiou, Cheng-Hsiang, and 邱振祥. "Beta and return change around the ex-right dates in the Taiwan stock market." Thesis, 1997. http://ndltd.ncl.edu.tw/handle/06259009300929509948.
Full textAbstract:
碩士淡江大學
財務金融學系
85
The market model is widely used in financial field,but the failure of oneof the basic assumptions,independence between the explained variable and theresidual item,results in the estimation bias of the OLS beta in empirical research, especially for daily data. Many scholars think discontinuous tradingincluding non-trading and nonsynchronous trading may be responsible for this problem. Therefore,there are two adjusted beta presented in order to replace the OLS beta. The major objectives of this thesis are to find if beta is stable or not and the price behavior around the ex-right dates. Depending on the result of stability of beta,we will choose to use constant beta or moving average beta to explore if there exists abnormal return around the ex-right dates. The sample periods selected by this study are daily data and weekly data from January,1987 to March,1997 in the Taiwan Stock Exchange. By usingthe market model and 3-day,5-day beta model and the cumulative average residuals method,we conclude that: 1. Beta significantly increases after the ex-right dates. 2. There exists abnormal return around the ex-right dates.
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楊世芳. "Ex-dividened (right) day behavior of stock prices:an empirical study of Taiwan stock market." Thesis, 1988. http://ndltd.ncl.edu.tw/handle/45067527706722973521.
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