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研究生:蕭雅夫
研究生(外文):Ya-FuHsiao
論文名稱:建築管理施工勘驗委外制度可行性研究–以嘉義縣為例
論文名稱(外文):The Feasibility Study for Outsourcing System of Architectural Construction Inquisition- Chiayi County as an Example
指導教授:陳耀光陳耀光引用關係
指導教授(外文):Yaw-Kuang Chen
學位類別:碩士
校院名稱:國立成功大學
系所名稱:建築學系碩士在職專班
學門:建築及都市規劃學門
學類:建築學類
論文種類:學術論文
論文出版年:2014
畢業學年度:102
語文別:中文
論文頁數:113
中文關鍵詞:建築工程施工勘驗必須勘驗委外勘驗
外文關鍵詞:architectural constructionconstructional inquisitionofficial inquisitionoutsourcing inquisition
相關次數:
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為探討現行我國建築工程施工勘驗的執行情形,本文從第二章我國建築工程監督機制與勘驗之規範架構開始著手研究,從政府為何要介入、監督管制有何目的,並討論公共工程監督管制與民間工程監督管制的差異性。次者,從我國建築管理制度的問題開始探討,從與施工勘驗有關的建造執照結構計算書審查,施工中勘驗的實務執行,到使用執照竣工查驗的審查機制,將面臨的問題作一整體性分析彙整。
第三章以我國各地方政府勘驗機制之管理體制論述,彙整各縣市訂定的施工勘驗制度法令規範,作為各縣市施工勘驗制度的異同比較。次者,以嘉義縣現行的施工勘驗管理制度作深入的探討,從自治條例及勘驗執行辦法上的規定,持續到必須申報勘驗的處理機制及管制方式,最後再回歸到地方主管建築機關於勘驗制度的實務執行上所面臨的問題。第四章則進入委外勘驗制度的論述部分,首先從解決勘驗方案探討開始,分析各個方案優缺點,並以日本建築管理民間開放確認檢查體制為例,分析日本施工勘驗制度與我國差異性。再者,分析我國施工勘驗委外審查的優點,從法令規範、人力資源與資格、經費等層面,探討委外勘驗制度的可行性要件,並開始建立我國委外勘驗制度的架構。
第五章進入本文的核心,以嘉義縣為例探討其建築管理施工委外勘驗之可行性,延續上述可行性要件從法令制度、人力資源與審查資格、辦理業務經費等層面深入分析研究,得出委外勘驗制度應為可行,接續建立嘉義縣委外勘驗制度的架構。最後在釐清主管建築機關、委外專業審查機構、專業審查員三者間的權責後,將三者間權責重新劃分,以建構完整的監督管理體系,作為嘉義縣建築管理委外勘驗制度修法訂定時的依據。
In order to investigate the current inquisitional executive situation of Taiwan’s architectural construction, the thesis study from the supervision mechanism of architectural construction and the specification framework of inquisition in chapter two. To understand why the government intervene, what the purpose of regulatory control, and to discuss the difference of constructional regulatory control between public and civil. Secondly, the thesis will investigate the question of Taiwan’s architectural management system; it will achieve overall analysis through the facing problems which mention in this study.
The chapter three will overall different laws and regulations of inquisitional system in different cities in order to compare the differences. Furthermore, the study will use existing inquisitional system of Chiayi County to do further discussion from handling mechanism of inquisitional reporting, the methods of control and the problems faced. The chapter four will offer the solving cases of inquisition; also, analyze those advantages and disadvantages. At the same time, taking civil confirmed checking organization in Japan for example, the thesis will analyze the differences of inquisitional system between Japan and Taiwan. Moreover, it will discuss the feasible elements of outsourcing inquisitional system.
The chapter five will conclude the feasibility of outsourcing inquisitional system should be possible after incisively research; at the same time, it will re-division the responsibilities among those three professional inspector, which are local authorities, outsourcing professional examination institution and professional examiners in order to establish a comprehensive system of supervision and management.
第一章 緒論·····································································································1
1-1 研究動機···································································································1
1-2 研究目的···································································································3
1-3 研究範圍···································································································3
1-4 研究方法與流程·························································································4
第二章 建築工程監督機制與勘驗·········································································7
2-1 建築工程監督目的······················································································7
2-1-1 政府為何要介入·····················································································7
2-1-2 公共工程監督························································································9
2-1-3 民間工程監督·······················································································17
2-2 我國建築管理制度的問題···········································································19
2-2-1 建築許可·····························································································19
2-2-2 施工勘驗·····························································································23
2-2-3 竣工查驗·····························································································27
2-3 勘驗的重要性與處理機制···········································································30
2-3-1 重要性································································································30
2-3-2 處理機制·····························································································31
2-3-3 管制方式·····························································································32
2-4 小結·······································································································33
第三章 我國地方政府勘驗機制問題····································································35
3-1 地方政府施工勘驗制度··············································································35
3-1-1 台北市施工勘驗制度·············································································35
3-1-2 新台北市施工勘驗制度··········································································38
3-1-3 各地方政府施工勘驗制度·······································································39
3-2 嘉義縣施工勘驗法制體系···········································································45
3-2-1 建築管理自治條例················································································45
3-2-2 建築工程勘驗執行辦法··········································································48
3-2-3 必須勘驗的處理機制·············································································51
3-3 勘驗機制問題··························································································57
3-3-1 建築法衍生的問題················································································57
3-3-2 自治條例或規則衍生的問題···································································58
3-3-3 三級品管監督失衡················································································59
3-4 小結·······································································································61
第四章 委外勘驗·····························································································63
4-1 解決勘驗方案··························································································63
4-1-1 遴用制································································································63
4-1-2 專家參與或協助···················································································64
4-1-3 行政委託制··························································································65
4-2 日本施工勘驗制度與我國差異性分析···························································67
4-2-1 概述···································································································67
4-2-2 中間檢查制··························································································68
4-2-3 民間確認檢查機構的管理體制································································72
4-3 委外勘驗的優點·······················································································75
4-3-1 行政與技術專業分工·············································································75
4-3-2 落實三級品管·······················································································76
4-3-3 增進行政效率·······················································································76
4-4 可行性要件······························································································77
4-4-1 法令···································································································78
4-4-2 人力資源與資格···················································································78
4-4-3 經費···································································································81
4-4-4 權責區分避免重疊················································································83
4-5 小結·······································································································85
第五章 嘉義縣委外勘驗可行性··········································································87
5-1 法令·······································································································87
5-1-1 單軌制································································································88
5-1-2 雙軌制································································································89
5-1-3 複查制································································································90
5-2 人力管制·································································································92
5-2-1 人力資源·····························································································92
5-2-2 人力資格·····························································································92
5-2-3 解任規定·····························································································93
5-3 經費·······································································································94
5-3-1 經費來源 ····························································································94
5-3-2 收費標準 ····························································································96
5-3-3 費用管理 ····························································································99
5-4 權責重新劃分························································································100
5-4-1 中央與地方分權·················································································100
5-4-2 主管機關監督管理··············································································101
5-4-3 專業審查機構責任··············································································102
5-5 小結·····································································································104
第六章 結論與建議························································································107
6-1 結論·····································································································107
6-2 建議·····································································································110
參考文獻······································································································112
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3 羅醒亞,營建工程管理與實務,詹氏書局,2010 年 1 月。
4 謝定亞,建築工程實務專輯,詹氏書局,2000 年 1 月。
二、研究報告類
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政部建築研究所,1999年6 月。
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2 柯貴勝,建築管理自治法規體制建立之研究–以臺中市為例,逢甲大學建築及都市 計畫研究所碩士論文,2001 年。
3 侯慶辰,我國建築法制之研究,台灣大學法律研究所碩士論文,2001 年 6 月。
4 高秉鈞,建築工程施工勘驗制度之研究,國立台大土木研究所碩士論文,2002 年。
5 陳有志,由建築結構公共安全之觀點論建築執照審查之行政管制,國立中正大學法
律學研究所碩士論文,2009 年 1 月。
6 蔡志揚,論建造執照結構審查與施工勘驗之國家管制義務,輔仁大學法律研究所碩
士論文,2007 年 1 月。
7 劉源清,建築管理業務交由民間指定專業機構辦理之研究,臺灣科技大學建築研究
所碩士論文,2001 年 6 月。
四、社論及期刊
1 林明鏘,論行政委託私人-其基本概念,法律關係及限制監督,憲政時代第2卷第19期,1993年。
2 林明鏘,建築管理法制基本問題之研究–中德比較法制研究,台大法學論叢第30
卷第2期,2001年1月。
3 曾俊達、黃斌,建築師專業責任之探討,中華民國建築學會「建築學報」第39期,
2002年2月。
4 建築知識雜誌編集部,再発防止への取組み 建基法等改正へ中間報告まとまる,
載於《建築知識》,2006年4月。
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