| Summary: | 碩士 === 國立高雄第一科技大學 === 營建工程研究所 === 100 === “The right of existence, the right to work and the right of property shall be guaranteed to the people＂ is clearly stated on article 15 of the Constitution of the Republic of China while the purpose of impose upon the public interest is subject to public need and public purpose, to acquire private property right coercively based on the operation of nation＇s supreme power according to legal procedure, this is the pattern of public right infringement. Therefore, according to what is regulated on Article 15 of the Constitution of the Republic of China, legal infringement of private property right should be guaranteed with reasonable compensation.
The study is mainly to explore the primary controversial issue of present administrative lawsuit, to firstly start from a perspective on guaranteed property right to examine whether the infringement of public right on private property right is subject to rights of relief upon legal and equitable path. Secondly, to clarify the meaning of guaranteed property right upon Grand Justice interpretation to deduce the behaviors that infringe property right through the viewpoint of Grand Justice and lastly, and, to subject to the contents of verdict made by the Supreme Administrative Court, with primary controversial issues clarified and related regulations of controversial behavior consolidated.
The study has consolidated 9 major behaviors that infringe property right written article by Grand Justice as well as 7 major controversial issues of the Supreme Administrative Court, however, according to a statistics on verdict by the Supreme Administrative Court, people＇s dissatisfaction with the amount of compensation out of impose is the most controversial issue of all.
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