| Summary: | 碩士 === 國立臺灣大學 === 法律學研究所 === 103 === In recent years, a series of government expropriation of land has caused several important events in society. The development claims that expropriation of land will promote economic development, increases taxes. However, most of the people do not believe that expropriation of land will increase their welfare. In view of this 2012 amendment to the land acquisition regulations, the government hopes to clear the necessity of public welfare.
We need to solve Public welfare and the need for land acquisition controversy. This paper attempts to propose a preliminary idea. First we must discuss the purpose of land acquisition system. Land acquisition system aims to solve monopoly position and drive up the price of the occurrence. The availability of secret buying agents makes the use of eminent domain for private parties unnecessary, but the government is ordinarily unable to make secret purchases because its plans are subject to democratic deliberation and known in advance. However, personal transaction has ability to avoid these problems. Besides, this article focuses on due process that price agreement between the executive and the people should be a written record of the purchase, and land acquisition should expressly updated specification protocol procedures of purchase price; collects range necessity part. We believe that the differences between each other in the case of this problem is very large, so it is difficult to expect to make a clear judgment criteria. Thus, A better way is that the judge should distinguish between different use patterns and purposes to build different density standards. This article hopes to refine the meaning of private uses and reforming the law of eminent domain.
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