Research on Special Sacrifice Damage Compensation Principle in the Property Right in Taiwan

• Main Authors: Tsai-chin Lee, 李采芹
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/44537639991121994792

碩士 === 雲林科技大學 === 科技法律研究所 === 98 === This research focusing on the tort of private property rights are damaged by the government for public welfare in administrative law. This is called "special sacrifice" and the government has to pay the "compensation". And author will arrange and analyze the focus of this research in judicial practices. For the results of "Separation of Powers" principle is acted in Taiwan, in accordance with the problems and conflicts to address personal comments. Expecting that this research is able to promote the protection level of private property rights, and the government could face these problems. Chapter 1 is the exordium of this research. Chapter 2 is introduction the background of "special sacrifice", and the private property rights are damaged by the government for public welfare. They suffered special sacrifice and could request government to pay the compensation. "Special sacrifice damage compensation principle" is the "general principles of constitutional law gradation." Chapter 3 is the principles of Germany and the United States, they are "quasi- expropriation damages", "expropriation- effected disturbance", "physical takings", and "regulatory takings". They will be contrast with "special sacrifice" in Taiwan. Chapter 4 is about special sacrifice in judicial practices, author will analyze and address personal comments. Chapter 5 is about the analysis of statute in Taiwan. Expecting that the private property rights are damaged by the government in Taiwan, people could request government to pay the compensation. Finally, conclusions are given in Chapter 6.