Study of the Relationship Between Housing Justice and Settlement for Residents Under Occupancy of Zone Expropriation- A“Fenshan Creen” Zone Expropriation Case

• Main Authors: WANG,CHEN-KUO, 王鎮國
• Other Authors: CHENG,MING-AN
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/ej8n3r

碩士 === 崑山科技大學 === 房地產開發與管理研究所 === 103 === Abstract Housing Justice and related discussions have been hot topics recently. There are two main goals of this study: the first is to investigate whether the Housing Justice Policy is in accordance with the guarantee of basic human rights in the Constitution; the second is to investigate whether the current policies and case handling protect the right to housing, and to develop strategies for reference as the policy is put into effect. The methods of study include literature reference, cases, interviews and surveys. The interviews and surveys include two aspects: the first one is geared towards the employees of the executive branch of the government who is in charge of implementing the policy; the surveys’ purpose was to understand the obstacles faced in executing the policy and the strategies for improvement. The second one is geared towards the tenants in “Fenshan Creek”, which is an area to be expropriated by the government. The surveys’ purpose was to find out the problems faced and the needs when the land is expropriated, including where and how the current tenants should placed. The conclusions of this study are separated into three parts—expropriation, policies and implementation. In the expropriation part: first, there has been a long-term gap between what the people’s expectations are and what the government actually carries out in expropriation, placement oftenants and compensation. People’s fundamental rights are protected under the Constitution, so the government should actively communicate and coordinate with the people. Secondly, uniform expropriation and redevelopment of a whole district should not be the government’s main strategy; they should consider the district’s unique qualities and communicate and negotiate with the local residents to avoid the disagreements and upheaval stemmed from miscommunication. Thirdly, even though the district’s expropriation has been deemed necessary, the liability should not be borne by only the review panel, every level of the government should assume their responsibilities in doing their duty and reexamine, assess and improve the imperfections of the policy. In the policy part: first, after the bill for land expropriation was amended and passed, each government department had a clearer picture of how the plan was determined and how it will be executed; however, each local government still has varying standards. Secondly, each department should carefully examine the reason for expropriation within each district and the compensation and placement of the residents; for the residents who are financially at a disadvantage, the government should compensate accordingly. Thirdly, there is a lack of a uniformed approach to placements in the district expropriation bill, which is causing each local government’s process to vary and affecting the rights of the local residents. The government should consider the recommendations of experts and further scrutinize the flaws of the bill to protect the rights of the residents. In the implementation part: first, due to the different perspectives of the government and the people, the outcomes of the negotiation of prices of the expropriated land are not ideal. In the short run, communication should be improved, but in the long run, the law should establish the standard to be the market price. Secondly, in the process of expropriation, there is often misunderstandings and anxiety in the residents due to lack of information. As requested by the residents, there should be a communication team established to improve negotiation and communication. Thirdly, the tactics used in the placement of residents should be diversified, taking into consideration their economic status, to achieve the universal placement goals. Finally, each government division could use survey results to the advantage of the whole project. We have five suggestions: First, it is better to expand the subjects of expropriation; secondly, the expropriation project should have clear-cut implementation measures and standards; thirdly, add a committee to protect the rights of the residents; fourthly, the placement committee should coordinate across all divisions; lastly, the review committee should scrutinize the results of the placements.