詳情請洽本校國際事務處。轉貼公告如下：

公告事項：獎助本校在學學生對阿拉伯文有興趣者，於106學年度第1學期起，前往科威特大學語言中心修讀1學年。

• 獎助內容：
• - 臺灣－科威特往返經濟艙機票1張
• - 課程及教材
• - 在學期間食、宿（視學校宿舍情況安排雙人房/單人房）
• - 生活津貼每月100第納爾（科威特當地幣值，約等值328美元）

• 申請資格：
• - 具中華民國國籍者
• - 本校大學部、研究所之在學學生，並以大二以上優先獎助為原則
• - 未曾領取過本國或其他出國進修獎學金者
• - 具英語聽說讀寫能力證明者（TOEFL iBT 79或IELTS 6.0或全民英檢中高級含複試）
• - 根據當地入境法規，申請人不得為「B型肝炎帶原者」，並且未罹患其他法定傳染病（錄取確認後將通知繳交體檢證明）

• 有意申請者請於106年4月17日（星期一）下午4時前，將以下文件繳交至本校國際事務處（第二行政大樓420室）：
• 1. 報名表
• 2. 英文歷年成績單1份
• 3. 英文在學證明1份
• 4. 英文履歷表及讀書計畫（以A4兩面為限）
• 5. 推薦信1封（以英文撰寫，無既定格式）
• 6. 英語檢定證明
• 7. 護照影本1份

• 甄選標準：在校成績佔40%、英文履歷表及讀書計畫40%、英文檢定20%。
• 甄選名額：正取3名，備取2名。
• 甄選結果：4月21日前公布於本處網站。
• 注意事項：
• 獲獎同學將以本校出國訪問學生身分前往科威特大學修讀1學年，出國期間須依「國立臺灣大學辦理本校學生赴境外研修要點」繳交本校全額學雜費1/4及新臺幣2,000元整之訪問學生計畫費。
• 科威特為傳統遵循伊斯蘭教規範國家，設有宗教警察，風俗民情較為保守，前往進修者請配合當地風俗及遵守當地法律規定。

若有任何疑問，請洽國際事務處承辦人海外教育股柯函溱小姐（電子郵件：This email address is being protected from spambots. You need JavaScript enabled to view it. ；電話：33662007轉210）。

國立臺灣大學法學論叢第46卷 第1期 （2017年3月）

林明昕，國立臺灣大學法律學院教授

<論剝奪人身自由之正當法律程序：以「法官介入審查」機制為中心>

      我國憲法第8條保障人民身體之自由，惟其有關剝奪人身自由之正當法律程序要求的適用範圍為何，學說與實務始終爭議不斷。本文認為，憲法第8條的程序保障，固然僅直接適用於刑事或其他處罰案件類型的人身自由之剝奪，但非屬此種類型者，仍應予以類推適用。至於這一套機制具體上究應如何設計，本文則藉由對現行新修正之提審法的評釋，分別從審判權之歸屬及審查程序之建構等兩方面，提出若干觀點，以供未來立法實務參考。

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徐婉寧，國立政治大學法律學院法律學系副教授
<論違法解僱下僱用人之受領遲延責任與危險負擔法理之交錯：以解析我國實務見解及與日本法之比較為中心>

受僱人未服勞務時，原則上即無報酬請求權（no-work-no-pay原則）。然而，我國民法第487條乃無報酬原則之例外規定。但同條並未排除同法第267條於給付不能可歸責於僱用人時，受僱人方得請求報酬之危險負擔相關規定之適用，則如何判斷僱用人是否陷於受領遲延抑或係受僱人無故不服勞務，因涉及受僱人報酬請求權之有無，攸關受僱人之生計及僱用人之權益，為我國學說及實務上重要的課題。本文擬聚焦於雇主違法解僱時，就實務見解對僱用人受領遲延要件之認定，進行分析整理，以探討雇主何時陷於受領遲延、勞工是否仍須提出給付等長久以來迭生爭議之問題。

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陳聰富，國立臺灣大學法律學院教授
<論過失侵害利益之侵權責任：區別權利侵害與利益侵害的困境與突破>

National Taiwan University Law Journal
March 2017 Volume 46, Number 1

Articles & Abstracts

Ming-Hsin Lin, Professor of Law, College of Law, National Taiwan University.

The Due Process Requirements for the Deprivation of Physical Freedom: Focusing on Judicial Intervention

Albeit Article 8 of the Constitution guarantees the physical freedom of a person, the scope of due process requirements thereof remains a controversial issue in both the academic discussions and legal practices.This paper argues that although the due process requirements provided in Article 8 of the Constitution apply admittedly to criminal defendants, the requirements shall apply to non-criminal defendants by analogy.For a specific institutional design, this paper comments upon that the newly-amended Habeas Corpus Act, and makes suggestions in response to jurisdiction and review process for future reference.

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Wan-Ning Hsu, Associate Professor of Law, College of Law, National Chengchi University.

Employer’s Delay in Acceptance or Risk of Loss in Unlawful Dismissal Cases: A Comparative Study on Japan, and the Judicial Decisions of the Civil Code §487 in Taiwan

If an employee has not performed his or her promised work, he or she will not have a claim for remuneration, which is so-called the doctrine of no-work-no-pay. However, the Civil Code §487 is the exception of the doctrine of no-work-no-pay. On the other hand, according to the Civil Code § 267, where “performance of the service is impossible”, the existence of the employee’s right to demand for his remuneration depends on whether the impossibility is “attributable to the employer”. Thus, how to distinguish the employer’s delay to accept the performance tendered to him from the impossibility of the employee's performance is an important issue because it will decide if the employee has the right to claim for remuneration. Through an analysis of the Japan experiences and the reflection on the judicial decisions of the Civil Code §487 in unlawful dismissal cases in Taiwan, this research will focus on the controversial issues, such as when the employer delays accepting the performance and if the employee still has to tender the performance, and try to solve them by the doctrine of risk of loss.

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Tsung-Fu Chen, Professor of Law, College of Law, National Taiwan University.

Tortious Liability on Negligent Infringement on Interests: Dilemma From and Breakthrough For the Distiguishment of Infrigement on Rights and Interests

Article 184 of Taiwan Civil Code follows the model of German Civil Code, establishing the tort liability through the distinction between the infringement on rights and the infringement on interests, which has been confirmed by recent Taiwan Supreme Court judgments although it is debatable on this issue from academics in the past. Following this distinction, it raises an important issue about the requirements to impose a tort liability on the tortfeasor when he negligently, rather than intentionally, infringes upon the interests of another. This paper explores the ways in which German law deals with such cases, including the broad interpretation of the “rights” elucidated under article 823 (1) of German Civil Code and the establishment of a theory of the protection for a third party to a contract. This paper suggests that, in addition to expand the scope of the concept of ‘right’ protected by the tort law in appropriate cases, it is desirable to utilize the second sentence of article 184 (1) of Taiwan Civil Code to deal with those controversial cases of negligent infringement on the interests of another.

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Ching-Wen Hsueh, Assistant Professor, Department of international Business, National Chengchi University.

The Content and Application of NME Treatment under WTO Agreement

The domestic markets of communist courtiers were controlled by the governments and do not play by the rules of market. Therefore, it is questionable whether the investing authorities still have to take the domestic normal value as the basis for comparison. Thus, in this paper’s section I, the origin of the NME treatment is elaborated and legitimacy and necessity of such treatment is analyzed. Section II tried to discover the criteria of the NME status, which were never clearly provided in the WTO anti-dumping rules, by referring to the relevant provisions, objects and purposes of the anti-dumping rules, and the practices of the members. Section III focused on the methodologies to determine the normal value in NME. By virtue of the findings in the previous sections, the “surrogate mode”, which is the most widely adopted methodology to determine the normal value in NME, is the be reviewed in the last section.

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Yang-Yi Chou, Associate Professor of Law, College of Law, National Taiwan University.

The Concept of “Possession” in Criminal Law

The purpose of this article was to clarify the concept of possession in criminal law, which plays a key role in discussing the offences against personal property. The author argued that possession can be defined as the possibility to use things, which is recognized under the social viewpoint. Therefore, possession appears as a social institution. The social viewpoint has the function of orientation, which helps people to decide how they treat objects in daily life. Its legitimacy comes from the voluntary participation of individuals in this institution. 

詳如附件。

詳如附件。

Robert M. Ackerman recently returned to full-time teaching and scholarship after serving almost five years as dean at Wayne Law. As dean, he led the Law School in the development of a new Environmental Law Clinic, an Asylum and Immigration Law Clinic, and a Program for International Legal Studies. He secured funding for Public Interest Law Fellowships, and assisted in strengthening the Law School's dynamic faculty by hiring a number of outstanding legal scholars and practitioners. In October 2011, Ackerman welcomed more than 600 guests to campus for the dedication of the Damon J. Keith Center for Civil Rights, a project he and a number of Wayne Law faculty members, alumni and friends helped to make a reality. Ackerman teaches courses in torts and dispute resolution. He serves on Labor@Wayne's internal advisory board and as Wayne State University's faculty athletic representative. Previously, he served on the Institute of Continuing Legal Education's executive committee, chairing that committee from 2009-2010. Prior to coming to Wayne Law, Ackerman served as a professor at Penn State University's Dickinson School of Law, where he taught torts, dispute resolution, conflict resolution theory, negotiation and mediation. He also served as director of the Center for Dispute Resolution, at the time the nation's seventh-ranked law school dispute resolution program. Ackerman, a cum laude graduate of Harvard Law School and magna cum laude graduate of Colgate University, served as dean and professor of law at Willamette University College of Law from July 1996 to May 1999. While he was dean, the law school experienced a 60 percent increase in financial aid to law students, a revitalization of the alumni organization and annual giving, enhanced visibility of the Center for Dispute Resolution and Law and Government program, and an increase in the diversity of the faculty and student body. Ackerman has lectured at Bar-Ilan University in Israel, the University of Vienna School of Law, the Penn State University College of Medicine and Leicester Polytechnic School of Law (now deMontfort University). He has also been employed by the Denver firm of Holme Roberts & Owen and the Harvard Prison Legal Assistance Project. He has written extensively in the fields of torts, dispute resolution, communitarian theory and civic responsibility, and his scholarship has appeared in a wide variety of high profile publications. His essay, "Taking Responsibility," was a winner of the international Communitarian Essay Contest and was published in the German social science journal Leviathan. His co-authored book (with Robert F. Cochran Jr.), Law and Community: The Case of Torts, was published early in 2004. Ackerman is an active participant in professional groups related to conflict resolution. He is a founding member of Mediators Beyond Borders, and has worked on development projects in Tanzania with Penn State's InterInstitutional Consortium for Indigenous Knowledge. He also has served as chair of the AALS Section on Law and Communitarian Studies and is chair-elect of the AALS Section on Socioeconomics.

Professor Robert M. Ackerman will be a visiting professor at the College of Law, National Taiwan University, from May to June in 2017. During the visit, he will teach intense course on Anglo-American Tort Law.

Christopher Chen is an Assistant Professor of Law at the Singapore Management University (SMU). He received a Ph.D. from University of London (UCL). Christopher Chen's main research interests include financial regulation, derivatives and risk management, financial consumer protection rules, and comparative law, especially in the area of corporate, insurance and financial laws. Dr. Chen writes and publishes in both English and Mandarin Chinese.

Professor Chen will be a visiting scholar at the College of Law, National Taiwan University in May 2017. During the visit, he will teach intense course on Financial Regulations in Asia.

 Professor Ku’s primary research interest is the relationship of international law to constitutional law. He has also conducted academic research on a wide range of topics including international dispute resolution, international criminal law, and China’s relationship with international law. He teaches courses such as U.S. constitutional law, U.S. foreign affairs law, transnational law, and international trade and business law. Since 2014, he has served as the faculty director of international programs, overseeing Hofstra Law’s study abroad, exchange and LL.M. programs. He has also been selected as the John DeWitt Gregory Research Scholar and as a Hofstra Law Research Fellow. He is a member of the American Law Institute. He is the co-author, with John Yoo, of Taming Globalization: International Law, the U.S. Constitution, and the New World Order (Oxford University Press 2012). He also has published more than 40 law review articles, book chapters, symposia contributions, and essays. He has given dozens of academic lectures and workshops at major universities and conferences in the United States, Europe and Asia. He co-founded the leading international law blog Opinio Juris, which is read daily by thousands worldwide. He is also a contributing editor to Lawfare, a leading blog analyzing national security issues. His essays and op-eds have been published in major news publications such as The Wall Street Journal, the Los Angeles Times and NYTimes.com. He has been frequently interviewed for television news programs and quoted in print and electronic media. He has also signed or submitted amicus briefs to national and international courts and served as an expert witness in both domestic and international proceedings. Before joining the Hofstra Law faculty, Professor Ku served as a law clerk to the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and as an Olin Fellow and Lecturer in Law at the University of Virginia Law School. Professor Ku also practiced as an associate at the New York City law firm of Debevoise & Plimpton, specializing in litigation and arbitration arising out of international disputes. He has been a visiting professor at the College of William & Mary Marshall- Wythe School of Law in Williamsburg, Virginia; a Fulbright Distinguished Lecturer in Law at East China University of Political Science and Law in Shanghai, China. He is a member of the New York Bar and a graduate of Yale College and Yale Law School. 

Professor Julian Gei-Lun Ku will be a visiting professor at the College of Law, National Taiwan University, in May, 2017. During the visit, he will teach intense course on The United States and International Law.

Joseph Lee is a senior lecturer in law at Exeter Law School. He joined the School as lecturer in company and commercial law in October 2012. From 2006 to 2012 he was lecturer in business law at the University of Nottingham, which he joined immediately after the completion of his PhD at the University of London.

Joseph has also been visiting professor and collaborateur scientifique at the University of Liège, Belgium, and visiting professor at the National Taiwan University teaching UK and EU company law and English commercial law. He was visiting scholar at the Graduate Schools for Law and Politics, University of Tokyo in 2014. He has lectured at the National Chiao-Tung University of Taiwan, University of Hong Kong, Kyushu University and Nagoya University of Japan, and Bocconi University.

Joseph specialises in company law, securities regulation, commercial law and arbitration and conducts research on the use of distributed ledgers technologies (DLTs) in the securities market, smart contract in IPO, financial market infrastructures (FMI) interconnections, cyber security in financial services, dispute resolution mechanism for securities disputes, and regulatory sandbox. He teaches company law, commercial law, transnational commercial law. He welcomes PhD applications for research supervision in these subject areas.

Joseph regularly acts as a consultant. He advised a central bank and government agencies and provides training to the judiciary. He is fellow of the European Law Institute and a member of the International Bar Association.

He currently holds a research grant awarded by the UK Economic and Social Research Council (ESRC) to investigate interconnections between stock exchanges.     

Professor Joseph Lee will be a visiting professor at the College of Law, National Taiwan University, from April to June in 2017. During the visit, he will teach intense course on UK and EU Company Law.