%0 Journal Article
%T On the Rules for Use of the Public Library in Taiwan from the Perspective of the German Law
%A Ming-Hsin Lin
%A Chi-Lung Chang
%J Journal of Library and Information Science Research
%D 2011
%I Library Association of the Republic of China (Taiwan)
%X Pursuant to Article 8 of the Library Law of Taiwan, a library may enact rules regulating the rights and obligations resulting from the utilization of the library, namely the ¡°relationship of utilization.¡± This provision grants the library the power to enact so-called ¡°rules for use.¡± However, the normative nature of the rules for use enacted by the ¡°public library,¡± which hereinafter refers specifically to those established and maintained by the government, and the scope of the relationship of utilization subject to the rules for use are still unclear. Since the current administrative legal system in Taiwan has been deeply affected by the German jurisprudence, this article, in light of the German law, is to discuss in depth two themes: the normative nature of rules for use enacted by the public library (the form) and the relationship of utilization regulated by the rules (the content). Therefore, it is argued that the rules for use enacted by the public library have nothing to do with the library¡¯s legal type of organization, regardless of the rules¡¯ form or content. As for the normative nature, since the rules for use are enacted under the authority of the above-mentioned Article 8 of the Library Law, there exist fewer problems as long as they comply with the principle of legal reservation (Grundsatz des Gesetzesvorbehalts). As far as the public library¡¯s rules for use in Taiwan are concerned, it is more important as to whether the regulated relationship of utilization can satisfy the purpose of establishing public libraries, and whether a user¡¯s right and obligation concerning the relationship of utilization can be consistent with Article 8 of the Library Law and other provisions.
%K Public library
%K Public institution ( ffentliche Anstalt)
%K Public facility
%K Rules for use
%K Relationship of utilization
%U http://lac3.glis.ntnu.edu.tw/vj-attachment/2011/07/attach70.pdf