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Abstract The conditions of the care service scene are varied. In recent years, the number of people receiving care has increased year by year, and the number of people providing services has increased by a considerable amount. Naturally, the probability of disputes has increased. Once a dispute arises, if it is not settled through negotiation and mediation at the early stage of the dispute, the final arbitration place is the court, and the final judgment made by the court is the judgment. This research is a qualitative research, using the content analysis method to analyze the judgments of Taiwan's third-level courts on disputes between "care attendants" and "care recipients" or "family members", and sort out the basis of the litigation cases recorded in them The data, as well as the judgment results, are used to understand the trend of related lawsuits and judgments between the care recipients or their family members and care workers in Taiwan in the past 10 years, as well as the type of lawsuit (crimes in the judgment), the region where the lawsuit occurred, and the year when the lawsuit occurred difference between. The purpose of this study is (1)to analyze the causes and types of litigation cases, and to provide data for future researchers to develop prevention strategies.(2)Understand the trend of relevant judgments, and the research results can be used for caregivers to be vigilant and enhance their self-protection awareness.(3)Improve the confidence of care workers in the workplace and reduce care negligence and injuries.(4)Provide care service personnel with suggestions for resolving disputes and ways to seek help. Although litigation is not the best way to deal with it, once a dispute arises and needs to be resolved through litigation, what are the channels for consultation。If you choose not to deal with litigation, what kind of negotiation and mediation channels can you use to stop disputes and litigation. This research method is to use the full-text search term of " Care workers " to search the jurisprudence data retrieval system of the Judiciary, and retrieve the civil and criminal judgments issued by the third-level courts from January 1, 2000 to December 31, 2011. In total, there are 2,352 cases. A total of 35 judgments related to disputes between care workers and care receivers or family members were manually screened out one by one. Statistical analysis is made according to the magistrate's court, the year of the judgment, the cause of the judgment, the identity of the plaintiff, and the penalty. The study found that in Taiwan's three-level courts in criminal cases related to care services, the most common cause of litigation is "negligence", that is, the negligence of care service personnel. The second time is because of "intentional". There are 14 types of crimes, impeding sexual autonomy (obscenity on the plane), obstructing sexual autonomy (forced sexual intercourse), sexual harassment, business negligent injury, business negligent death, negligent injury, negligent death, injury, public insult, theft, robber, snatch , Forgery of documents, business embezzlement. According to statistics, the most prosecuted cases of care service workers are the first "injury by business negligence", the second is "death by business negligence", and the third is "negligent injury" and "death by negligence". nearly 70% of the referee books. In terms of the severity of the sentencing, most of the criminal acts caused by "negligence" were sentenced to fixed-term imprisonment or criminal detention of less than 6 months, and fines were imposed, and nine of them were sentenced to probation. In civil cases, compensation for tort damages due to negligence is exactly the same as the practical court judgments in criminal cases. In 9 cases of claiming compensation for civil damages, 6 cases did not require compensation. Therefore, in practice, the court's judgment is relatively friendly to the negligent care worker. Research recommendations (1) For care recipients and their families: 1. Respect the professionals who provide care services. 2. When the care model is not satisfactory, it should first respond to the institution or discuss with the care service personnel. 3. In case of ordinary disputes, first seek mediation and negotiation. (2) Suggestions for care service personnel: 1. They should fulfill their care responsibilities, and strictly implement the service standards and regulations set by the institution. 2. Improve the professional knowledge of care at any time, and respect your own service work. 3. Carefully abide by the ethics of care and should not take the opportunity to infringe. 4. In case of ordinary disputes, first seek mediation and negotiation. (3) Suggestions for the unit that handles the dispute 1. Entrust a third party to intervene in the negotiation. 2. Appeal to the township, district office and court for mediation. 3. Litigation. (4) Suggestions to the legislature: Comparing with (refer to pages 4-5 of this study) professional taxi drivers (necessary conditions for practice registration) and security guards (negative qualifications), at the beginning of the service as a care attendant, those who have a lot of criminal records People are ruled out. Although litigation is a constitutionally guaranteed right of the people, it is the last resort to resolve disputes.
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