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1 – 3 of 3Mu-Chun Liao, Ting-Ya Hsieh and Wei-Hsiang Wang
By inspecting the special connection between negligence and the causes of negligence, this study evaluates the reasonableness of negligence offenses elements from the perspectives…
Abstract
Purpose
By inspecting the special connection between negligence and the causes of negligence, this study evaluates the reasonableness of negligence offenses elements from the perspectives of “modes” and “rules.” This study considers that in the core concept of negligent manslaughter in the Criminal Code of Taiwan, “business” comprises an outstretched legal element; thus, “application by analogy” or “customary laws” should be prohibited as a legal basis or when applying the criminal code because those are not allowed under nulla poena sine lege. Nulla poena sine lege must be respected to release construction professionals from material risks in their judicial rights and interests.
Design/methodology/approach
This study used data mining analysis with a database of 204 cases where construction professionals were involved in an accusation of gross negligence manslaughter (GNM) (N = 486) between 1995 and 2021 to explore the reasons and distribution of these cases in the construction industry in Taiwan.
Findings
The results showed that the main reasons behind lawful GNM accusations against construction professionals are as follows: (1) the violation of employers' duty of care to prevent hazards caused in workplaces where falling and collapsing are concerns during construction, thus resulting in death; (2) gross negligence during design, construction and supervision, causing damages after natural disasters such as earthquakes and typhoons.
Research limitations/implications
This study discusses the whole life circle of construction, starting from planning, design, construction and completion. However, the involvement of other offenses such as providing false statements, forgery, embezzlement, unjust enrichment and fraudulent tax evasion or criminal responsibilities stipulated in the Building Act or administrative punishments are beyond the scope of this study. Future studies will focus on foreign “business GNM” cases from judicial precedents with similar backgrounds to Taiwan in the construction industry to verify whether similar conclusions can be drawn and to examine their differences.
Practical implications
This study applied data mining and data analysis to the data and explored potential causality and patterns of GNM cases in judicial cases. The results of the analyses can be used as evidence for potential causality and thus facilitate construction professionals' self-reflection and contribute to the sustainable development of working environments for construction.
Social implications
This study agrees with the removal of GNM titled “business” in the Criminal Code of Taiwan to achieve Sustainable Development Goals (SDGs) in the building industry. By doing so, national judicial and management systems will be in line with international standards, ensuring that everyone has equal access to justice.
Originality/value
Goal 16 of the SDGs by the United Nations aims to promote judicial equality, peace, justice and strong institutions. With this basis, this study collected and analyzed data in the field of criminal law and applied the theory of criminal offenses committed by negligence to real construction-related cases. This study especially discusses whether construction professionals were imposed with excessive responsibilities when a court enforced the “duty of care” that asked the professionals to bear the responsibility of results for events that should be and could be foreseen.
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Ting‐ya Hsieh and Morris H.‐L. Wang
Ratio analysis is an excellent way of looking into a firm’s financial status. However, in performing the ratio analysis, an often underemphasized task is the selection of ratios…
Abstract
Ratio analysis is an excellent way of looking into a firm’s financial status. However, in performing the ratio analysis, an often underemphasized task is the selection of ratios for use. In a multi‐criteria decision‐making framework, poor quality of criteria selection, i.e. financial ratios, will consequently undermine the quality of evaluation. Aims at establishing a systematic approach for finding critical financial ratios to assist in financial analysis for the construction industry. As each sector of the industry is intrinsically unique, the set of critical ratios for different sectors will certainly vary. However, the approach for finding useful financial ratios will not distinguish itself with respect to the concerned sector rather than the purpose of analysis. The proposed approach incorporates the concept of multi‐criteria decision making and the entropy method. The approach is demonstrated in a case study in which major property development firms in Taiwan are evaluated.
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Shihyu Chou, Chi-Wen Chen and Ya-Ting Kuo
The purpose of this paper is to examine the relationship between competitive capabilities, including flexibility and collaboration between logistics service providers (LSPs) and…
Abstract
Purpose
The purpose of this paper is to examine the relationship between competitive capabilities, including flexibility and collaboration between logistics service providers (LSPs) and their customers, and relationship quality, as measured by trust, dependence and commitment.
Design/methodology/approach
A total of 309 logistics managers were invited to participate in this study and structural equation modeling was performed to analyze the measurement and structural models.
Findings
The results show that both flexibility and collaboration positively influence trust and dependence. Moreover, dependence does not appear to influence commitment. Finally, the authors hypothesize and find that trust plays an important role in the research model and positively increase commitment.
Research limitations/implications
The main limitation of this study is that this study used a cross-sectional survey approach to collect data on all research variables. Compared with longitudinal data, cross-sectional data might not be able to demonstrate completely the temporal sequence of the antecedents and consequences, which might result in spurious cause-effect inferences.
Practical implications
The findings offer several important implications for LSPs. First, the findings imply that LSPs need to make their customers want to share useful information related to operations and logistics. Second, flexibility plays an important role in forming customers’ trust in logistics service industry.
Originality/value
Little research has been done on combining a resource-based view (RBV) and relationship marketing (RM) together in logistics service context. Therefore, this study advances the RBV and RM and adds value to the literature by demonstrating the applicability of the observed relationships among LSPs.
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