| 英文摘要 |
Beginning in the 1950s and developing for decades thereafter, a comprehensive social security system has been established in Taiwan. However, the regulations regarding to the fundamental issues of whether and to what extent the social security systems modify the civil liabilities, are often insufficient. It results in inconsistent viewpoints between the civil courts and administrative courts. The whole legal system lacks a theoretical pattern.
This article is conducted to introduce the regulations of cessio legis between the authorities and private debtors under the German Social Law Code X, the Social Welfare Administrative Act, and Code XII, the Social Assistance Act. It will illustrate how the cessio legis in the German social law balances the rights and obligations among social welfare authorities, social welfare recipients, and the third part with civil liability in order to maintain the subsidiarity principle of social law in the whole legal system. Based on the comparative study of regress in the German social law, this article examines further the relevant regulations, jurisprudence, and literature of the Crime Victims Protection Act, National Health Insurance Act, Acts about occupational accident compensation, Elder Welfare Act, and other social welfare acts in Taiwan. It aims to analyze whether and how far the civil liabilities are released through the social welfare and social insurance benefits in case of competition of claims of civil and social law and tries to provide the perspectives of cessio legis for resetting the balance between the solidarity responsibility on the one hand and the civil liability on the other hand in light of the era of the post-civil law. |
