| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 105 === The most important content of the Constitution is to protect the fundamental rights of the people. The fundamental right is not subject to absolute guarantees and may be restricted by the State in the context of article 23 of the Constitution.
Land must be requisitioned for the needs of the state to set up public utilities. However, the Land acquisition act is an administrative act that infringes upon the people's fundamental rights. It not only affects the people's property, but also violates their right to work and subsistence for some people who depend on land for their livelihood (such as farmers).
Because of the frequent launch of state levy measures, particularly the "public-private partnership" type of levy, which is beneficial to the private collection of the case, the spirit of such cases mainly through private indirect public interest, but fear of private charity what is the demand for the public interest?
According to the Interpretation of the Supreme Court of Justice Interpretation No. 732, when the Chief Justice declared the expropriation of the adjoining land or joint development site of the Mass Rapid Transit site, it is unconstitutional to transfer to the private regulations. It’s first time when Chief Justice "is conducive to private collection" types of cases. This paper tries to discuss the impact of land expropriation on property rights or freedom of residence of landowners from the angle of "constitutional property rights" and from "public welfare problems" and "necessity of expropriation", and then to Justice Judge Explain the rationale of the text, put forward the views of this article.
First, based on the protection of property rights, land expropriation is for the landowners the deprivation of property rights. Second, the land expropriation system is indeed necessary, but must be strictly examined. Third, Land acquisition needs higher standards of public interest. We recommend: First, we should establish operational guidelines for principle of proportion and public interest. Second we should distinguish between planning stage and Land acquisition stage. Third, we should protect public participation mechanisms. Fourth, the government should fully consult with the people about the land purchase.
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