A Study on the Legal Responsibility of Occupation of the State- Owned Land
| Autor: | CHIU,SHU-MEI, 邱淑梅 |
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| Rok vydání: | 2016 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 104 A Study on the Legal Responsibility of Occupation of the State-Owned Land Abstract The Government has troubled in processing a thorny issue of state-owned land occupation,National Property Administration over the years has also actively made many processing programs to eliminate the occupation, it emphasized in handling directions of occupying state-owned land leases, sales and recovered compulsorily and so on. However until 2014, take state-owned land for public use for an example, there were still 344,132 pens, an area of 26,031hectares of land occupied by illegal actions, but this occupied problem has been unable to effectively resolve and restrain. From the existing research literature to explore to use state-owned land problems and treatment, most researchers stand "managers’ position" to do researches about how to effectively use state-owned land, and this study is from the level of legal liability "occupier" to explore, whether it is due to light sentences of the occupiers’ legal liability by the court at the Branch Office, hence it can’t do "sin lent penalty", " serious penalty of the offense", and because of these factors, it can’t stop the issue of state-owned land occupation. Therefore, the purposes of this research mainly focus on: 1. The judicial organization has accounted for the crime situation too light about the punishment of offense of occupying realproperty and the return range of sentencing unjust enrichment. 2. The competent authorities of national land recover compensation standards of the use of the national land occupying and comparison between Market Complex real price registration in rent whether is high or low. Furthermore I want to elaborate timely and reasonable solutions and recommendations from a legal perspective. After collecting the data from 2009 to 2015 about civil and criminal judgment cases of state-owned land occupation, the real property rental real price registrationmaterial, but we found the outcome through a qualitative analysis that there are some legal responsible problems which people occupied the state-owned land : 1.occupy offense of occupying state-owned land is not easy to set up; 2. offense of occupying real property is committed by causing the phenomenon of occupation can’t be excluded; 3. land management authorities claimed the return of unjust enrichment owing to different legislative authority; 4. a judge usually sentenced the crime of offense of occupying real property too light; 5. the perpetrator of state-owned land occupation didn’t dismantle the illegally built structures by themselves because of the light sentences; 6 land management agencies charged a standard compensation far lower than the market real price. Therefore, the study points to the previous findings to give the following suggestions for the Government as a reference for future elaboration processing of state-owned land occupation policy direction and amend relevant laws : 1. offense of occupying real property should be explaineddiscontinuing offense, the Supreme Court should be made a different verdict; 2. offense of occupying real property behavior should not be any exclusivity, the Supreme Court should announce a different verdict; 3. occupiers before the judgment don’t dismantle the illegally built structures by themselves, judges should not give commutation to fines or suspension of punishment; 4 to curb state-owned land occupation, the judge should raise appropriate punishment within the degree; 5 land management authorities petitioned the court to return the legal basis of unjust enrichment consistently; 6. use the compensation standard, they should check the reference to recover thereal price registration information; 7. land management authorities should provision dismantlement costs, so that they can split up targets; 8. strengthen the use of state-owned land effectively, to avoid idle state-owned land occupied. Keywords:occupy, use supplementary compensation, fair and justice, unjust enrichment, real price registration, special criminal code,offense of occupying real property,combination overlapping appeals |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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