||In recent years, it has been increasingly become a global trend that public construction projects are carried out through private sector investment, and business management concepts are introduced for the improvement of public service quality. Due to various factors such as quality and revenue, private sectors increasingly play an active and important role in various phases of major public construction works, from building to operation, and government has the need to incorporate the strength of private sectors to facilitate and promote the construction of major national infrastructures. Among various models of private sectors’ participation in public constructions, build-operate-transfer (BOT) is the most commonly adopted business model. However, in the process of promoting major BOT cases, the government had suffers some drawbacks of abuses of power and privilege, and thereby receiving much criticism from general public, and it also has serious negative impact on the integrity of the government. The case of abuses in the government that drew the most criticisms and raised controversies was the Electronic Toll Collection (ETC) case, where as it transpired had repeatedly drawn much attention from the media and the society at large. Therefore, the ETC case is chosen as the subject of the current study.|
This study is focused on the related rulings of the ETC case by Taipei High Administrative Court and the Supreme Administrative Court, and the related issues of the court’s rulings on the ETC case are investigated and discussed, to clarify the nature and characteristics of BOT and related legal issues. Thus, the related rulings of the ETC case can be used as a lesson learned for future participation of private sectors in public constructions.
This study was carried out by literature search, case studies, and collection of public opinions, and as a result the following recommendations were made:
1. Legislative Perspectives:
(1) Incorporate international experiences and amend existing legislations to gear to international conventions.
(2) Establish rules of judgments for administrative sectors to avoid any abuse or impediment of administrative power.
2. Institutional Perspectives:
(1) Expand and encourage participations from all parties, including people’s representatives and third parties.
(2) Realize managerial and operational mechanisms.
(3) Emphasize consumer’s rights and public interests.
(4) Carry out feasibility assessment and advance planning with great care.
(5) Establish fair and open evaluation process and operation procedure.
(6)Assign reasonable risk-sharing responsibilities for special permission contracts.