No Abstract / Dissertation LLM--University of Pretoria, 2014 / hb2014 / Public Law / unrestricted

Unauthorized-use is the most difficult problem to government-owned land authorities. Although the land used for military purposes belongs to government-owned land, its reasons for unauthorized-use are still different from those other government-owned land authorities face. Most researches about government-owned land occupations and exclusion focus on the part of the management sector. This study, however, takes both the manager¡¦s and the unauthorized-user viewpoint to discuss the land unauthorized-use problem the Chinese Military Academy faces. After analyzing literatures, interviewing related people, and several case studies, I am able to suggest some practicable solutions based on the present law. This study finds the land belonging to the Chinese Military Academy was taken illegally mostly during the 1950s and the 1970s, before Government-Owned Land Laws were passed. Ninety percent of the unauthorized-user are veterans, and the rest are ordinary people living close to the battalion, who took the land mostly for housing, with a very small percentage for profit. The main reasons are the unauthorized-user complaints of unequal treatment, their financial conditions, and their dependence on the unauthorized-use land. Of course the military authorities¡¦ negligence has made the situation worse. This study also finds that most unauthorized-user ask for alternative housing and compensations, while the military wants to resort to law. Since the R.O.C. Constitution safeguards people¡¦s property right, I try to take the unauthorized-use peoples¡¦ appeal into consideration. This research suggests that the National Defense Act Stipulations 22 and 23 be revised, making it possible for the military authority to entrust the management of its property to related organization. Besides, a special fund can be established to compensate for the loss of the people who were forced to exchange lands during the Japanese occupation of Taiwan. Moreover, the VAC (Veterans Affairs Commission, Executive Yuan, R.O.C.) can use the Fund for Veterans¡¦ Housing (°ê­x°h°£§Ð©x§L¦w¸m°òª÷) to subsidize veterans with housing problems. In this way, we can elastically solve the unauthorized-use problem, help unauthorized-user to live within the law, resolve the conflicts between the military and civilians, and promote the efficient management of land used for national defense purposes.