The Procedural Right and Substantial Right of Land Owner
| Autor: | Yi-fan Lu, 盧藝汎 |
|---|---|
| Rok vydání: | 2014 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 102 The protection and restriction of the people's right to legally acquired land ownership are provided for in Article 143, Paragraph 1, of the Constitution. Expropriations of land are compulsory acquisitions by the government, through lawful procedures, for public utility purposes. The criteria and procedures for expropriation must conform to the principle of necessity stipulated in Article 23 of the Constitution. The provisions about land expropriation in the Republic of China are separated in different regulations. In terms of the order of application, in accordance with Article 1 of the Land Expropriation Act, the Land Expropriation Act prevails over the Land Act and other special regulations prevail over the Land Expropriation Act. After one understands the application of legal provisions, the question arises as to how the original landowner should seek administrative remedy. The legal system can be divided into two parts: procedural right and substantial right. Procedural right is based on due process of law. Certain procedures must be executed in order to justify the legality of any authority’s infringement against people. Also, the protection of people’s litigation right based on Article 16 of the Constitution should also include the people’s right to seek remedy. In short, the procedural right of land expropriation should include how the person whose land is expropriated should seek remedy and which prerequisite procedures must be carried out before the expropriation in order for the expropriation to be legal. As for substantial right, it refers to the right to seek return of the land under specific situations in accordance with legislations, including four main aspects: land redemption right, cancellation and revocation of expropriation, expropriation compensation, simultaneous expropriation. In this thesis, considering that owners of expropriated land often do not know how to exercise their rights due to the complexity of administrative remedy, the entire dissertation is designed to first perform analysis as to which litigation model to undertake by owners of expropriated land for each right. Then discussions are undertaken about disagreements on relevant regulations under current practice and academic theory. The contents including five parts: prerequisite procedure, land redemption right, cancellation and revocation of expropriation, expropriation compensation, simultaneous expropriation. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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