An Analysis on the Institutional Path of Legalization of Illegal Land Use

• Main Authors: Chen, Che-Hsin, 陳哲新
• Other Authors: Tseng, Ming-Hsun
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/70550260844255717949

碩士 === 國立臺北大學 === 不動產與城鄉環境學系 === 104 === In order to make land use regulation reduce effectively the transaction costs arising from the use of land resources by human, and also to enhance the trust between people to increase the possibility of cooperation of them, the government must be responsible for enforcement of the institutions after the formation of the formal land property rights. However, in addition to the costs of enforcement caused by the government enforcement difficulties, the partial illegal land use behavior that was supposed to disappear by means of the enforcement can be converted to legal by certain policies that proposed by the government. Such policy of legalization of illegal land use seems to have been formed with time some kind of path. This study literature analysis from property rights theory, transaction cost theory and the theory of three dimensions of power for the construction of the observation of the evolution of land use regulation perspective, and take the policy of legalization of illegal land use as center to organize the historical development of Taiwan's land use regulation, to present in the development of the path of an institution under the action of the policy. The study found that, firstly, the policy further makes the some industry competent authorities get a power of land use regulation content and implementation in the development of the path of land use regulation. The normative value of land use regulation is also gradually being replaced by single specific value or a specific policy objectives, while gradually retreat, not be valued. Secondly, the study found path dependence and power are important causes of the policy of legalization of illegal land use. Especially in illegal land use relates to the country's economic development, the development of a particular industry or local development, in particular political and economic background of Taiwan, has been accustomed to their need to modify the land use regulation or adjust the regime implementation. During this process, land use conversion because of power is regarded as a key or an only solution of the problem of illegal land use by the government. Finally, studies suggest that the institution failed to separate from the natural development path and failed to separate from the operating under the power of the dominant land use regulation of normative values of the policy of legalization of illegal land use, does not help make the land use regulation towards more beneficial changing for the management of land resources.