One Size Fits All? Improving Acces to Justice for Small Claims: An Empirical Study of Taiwan

Jing-Huey Shao (downloads)

By means of the 2019 Taiwan Legal Culture and Social Change Survey (“the 2019 survey”), this research examined the reasons that discourage Taiwanese citizens from making small claims in general, and what might motivate them to change their minds and to pursue justice. The study identified the obstacles to seeking small dispute resolution, whether people’s attitudes can be changed, and if so, under what conditions. The results show that socioeconomically disadvantaged people are more vulnerable to stress and lack of knowledge issues. Also, an aggregation possibility to claim together does effectively change their attitudes from not making any claims to joining group claims. However, people who are weaker psychologically may need more assistance in solving their doubts and ensuring their personal interests. On the other hand, those who lack knowledge are willing to make claims not only for their own benefit but also to seek retribution against the wrongdoer. This study demonstrates that overall, dealing with small claims requires another way of thinking. If addressing concerns diversely is not practical, nudging all the claimants to join group claims as a default rule unless they opt out is an alternative solution.

A Comparative Study of Pure Economic Loss: Where Is Taiwan on the Map?

Tsai-Ping Tang (download)

This paper explores the complex issue of tort liability for pure economic loss in various jurisdictions, with a focus on Taiwan. Traditionally, many legal systems have denied recovery for pure economic loss in negligent torts, except under specific regulations. However, the ever-changing landscape of society and technology necessitates a reevaluation of established norms. The paper emphasizes that the prevailing view has often overextended its application, misinterpreting leading cases and wrongly denying recovery in situations where the leading cases did not require such denial. The problem lies in the interpretation of court decisions rather than the decisions themselves. The paper advocates for a comprehensive examination of the underlying premises of each precedent, including the facts, issues, assumptions, and relevant factors, to assess the soundness of justifications. The study then delves into how Germany, France, the U.K., the U.S., and Taiwan address pure economic loss. It also acknowledges the unique challenges in the U.S., where different states have distinct perspectives and judgments. As a result of the comparative study, the paper provides a comparative table summarizing the perspectives of different jurisdictions on various categories of pure economic losses, offering a comprehensive overview of the multifaceted legal scenarios

Applying Privacy as Trust in the Emerging Digital Welfare State

Yi-Chen Huang (download)

With the emergence of the digital welfare state, social protection and assistance are increasingly driven by digital big data, artificial intelligence, and related technologies. The implementation of a conventional rights-based framework within the context of the digital welfare state involves examining the interaction between the state and its citizens from a human rights perspective. This approach emphasizes the importance of individual autonomy and the ability to make choices while adhering to the principles of accountability, non-discrimination, and equality.

The analysis of the 2020 Dutch SyRI case is the beginning of a rights-based judicial review in the digital welfare state in the Netherlands. Coincidentally, the Taiwanese Constitutional Court’s recent 2022 judgment of the Taiwan National Insurance Health Database case relates to just these kinds of privacy concerns. Although the constitutional system and political structure of the Netherlands and Taiwan are quite different, both the Dutch SyRI case and the Taiwan NIHD approached the issue of privacy from the traditional, rights-based perspectives, highlighting the problems of focusing on invasion rather than creating values and existing asymmetrical information relationships.

This paper aims to contribute by incorporating the concept of trust as a fundamental privacy value into the context of information relationships within the digital welfare state. It advocates for the introduction of a public trust model as well as the establishment of an independent supervision mechanism to carry out ex-ante risk assessments. This mechanism serves as an empowering tool to foster the creation of values and to address the information asymmetry that exists between individuals and the government in the digital welfare state.