The “Draft Amendment to Parts of the National Compensation Act” was passed in its third reading by the Legislative Yuan on the 3rd. The Ministry of Justice stated that the amended provisions, which clarify responsibilities, aim to enhance the public’s self-management awareness and achieve the policy goal of fully opening up mountainous and aquatic areas.
The Ministry of Justice pointed out that the Executive Yuan held a press conference on October 21 titled “Salute to the Mountains: Launching a New Vision for Mountain Policy,” announcing an open mountain policy with five key principles: “openness,” “transparency,” “service,” “education,” and “responsibility.” To implement the principle of “responsibility assumption and concept dissemination” among these five, the ministry drafted the “Draft Amendment to Parts of the National Compensation Act,” which was approved by the Executive Yuan meeting and forwarded to the Legislative Yuan for review on October 24, 2019. It was then reviewed by the 15th meeting of the Judicial and Legal Affairs Committee during the 8th session of the 9th Legislative Yuan on November 6, and party caucus negotiations were completed on the 19th, before being passed in its third reading today. The ministry expressed gratitude for the joint efforts and support of the legislative and executive branches.
The Ministry of Justice said the focus of this amendment is that for natural public properties or their facilities such as open mountains and water areas, if the managing authorities have provided appropriate warnings or signs but the public still engages in risky or dangerous activities, the state will not bear or will reduce compensation liability.
When the public engages in outdoor adventures or risky activities in open mountains, water areas, and other natural environments, it is considered that managing authorities maintain these public properties and facilities primarily by preserving their original terrain and landscape, and it is not yet possible to comprehensively install safety auxiliary facilities, nor is it feasible or easy to eliminate risks artificially. Therefore, when the public approaches and uses mountains and water areas, they should also have risk awareness, practice self-management, and take responsibility. The amendment adds that if the managing authorities have provided appropriate warnings or signs regarding the use of such public properties and facilities, but the public still engages in risky or dangerous activities, the state will not bear or will reduce liability for damages.
Expand the scope of protection for damages caused by public facilities. In line with practical interpretations, in cases where the state compensation applies due to deficiencies in the establishment or management of public facilities that infringe on people’s rights, it is not necessary for the ownership of the public facilities to belong to the state. This amendment also considers that deficiencies in the establishment or management of public facilities may also infringe on personal freedom, so this revision explicitly includes “personal freedom” as a protected subject under this article.
The state should bear compensation liability for damages arising from the entrustment of public facilities to private organizations or individuals. When government agencies entrust public facilities to private organizations or individuals, there has often been controversy over whether the government bears state compensation liability for damages caused to the public after such delegation. This amendment clarifies that the state shall bear compensation liability for damages arising from the entrustment of public facilities to private organizations or individuals.
In addition, in line with the above amendments, minor revisions have been made to the exercise of the right to claim compensation under Article 8, Paragraph 2, and the determination of the liable compensation authority under Article 9, Paragraph 2.
(China Times)