The Land Expropriation and the Suspension of Execution of Our Country: A Study on Two Cases

• Main Authors: TZU-HAO HSU, 許子豪
• Other Authors: 鍾國允
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/69px9r

碩士 === 國立中央大學 === 法律與政府研究所 === 106 === Land expropriation means the acquisition of citizens’ private land based on the needs of the public utility of the country via the legal procedure of the public authority. Land expropriation is the infringement on the freedom of living and the rights of property, both endowed with by the Constitution. Moreover, with the fact that the administrative execution of demolishing citizens’ real estate and claiming their land comes right after illegal land expropriation of our country, the original land owners are thus made to file a law suit, which further causes the irreversible state of infringement even though they win, because they cannot apply for the suspension of execution. The Act. 16 of The Right of Instituting Legal Proceedings is consequently failed. Therefore, based on the basic rights of the Constitution (such as the administrative due process developed from The Organization and Procedure Protection in the objective perspective), the prior protection on the basic rights (the purpose of public welfare and proportionality) and post protection (the compensation for special sacrifice), and further broadening into the regulations on land expropriation and The Administrative Litigation Act on suspension of execution, the present paper aims to discuss the drawbacks of the current regulations of land expropriation and suspension of execution, and tries to put forward possible solutions. The points of the present paper are as follows: first, the meaning of public interest endowed in the Constitution remains rather vague in terms of The Land Expropriation Act, and requires the specification of its standards. Second, the administrative due process has yet to be well established in terms of The Organization and Procedure Protection in the Constitution in the objective perspective, and it requires to be well established. Third, the proportionality —the essentiality of how the land is to be expropriated —followed by the basic rights in the Constitution in terms of prior protection is not thoroughly practiced and requires to be specified. Fourth, the compensation adopted according to the market price is not protected under the Constitution in terms of the compensation of the post protection of special sacrifice theory. Fifth, the adaptation of the suspension of execution can bring out the protective effect of the rights of litigation and bring into the full practice of the appropriateness of legal procedures and proportionality in addition to avoiding the irreversible state of infringement on the freedom of living and rights of possessions because of the land expropriation.