Under the idea of ¡§Land ownership means wealth ownership¡¨, people believe that owning land is the ultimate symbol of wealth. Area of Taiwan¡¦s state-owned land goes up to 3.6 million hectares. Government agencies at all levels that require official or public use of land must apply for appropriation of the public land, which creates fewer disputes. This is not within the scope of this study. The rest of the non-public land would be treated in accordance with the provisions of Article 53 of the State-Owned Property Law, whereby ¡§The vacant house and land belonging to non-public use property shall be sold by tendering, if no predeterminated purpose.¡¨ However, after the land value skyrocketed due to cases of land auction, the public gradually became concerned with whether the state-owned land auctions are driving up the land prices. According to the principle of public land management and process, it expressly states that state-owned land is ¡§for rent only and not for sale¡¨. However, there are many exceptions, causing the current state-owned land policy to be still primarily auction-based. Therefore, there is still room for discussion regarding the impact of the ¡§for rent only and not for sale¡¨ policy on the development of the state-owned land.
¡@¡@ However, we are currently faced with limited resources and infinite demands, while the government regards land tendering as one of the optimal operating methods. Strengthened management for issues such as illegal occupation and idleness of state-owned land should thus be simultaneously implemented considering the rare and irreplaceable nature of state-owned land resources. As a result, in conforming to the principles of making reasonable and optimal adjustments in the utilization of land resources, this study explored the domestic state-owned land management system within the administrative law frameworks and examined whether any amendment is required. The ultimate aim of this paper is to examine the problems one by one under the five major frameworks: basic principles of the administrative law, administrative organization, administrative authority, administrative relief, and administrative supervision, while providing a discourse and analysis of the existing system. Concrete suggestions were then given to correct the existing state-owned land management system in Taiwan, in an attempt to provide a standard for policy makers or for administrative agencies when setting administrative rules.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0811111-172602 |
| Date | 11 August 2011 |
| Creators | Huang, Li-ying |
| Contributors | Liu, Cheng-Shan, Deng, Shuai-liang, Yan Yang-qing |
| Publisher | NSYSU |
| Source Sets | NSYSU Electronic Thesis and Dissertation Archive |
| Language | Cholon |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0811111-172602 |
| Rights | user_define, Copyright information available at source archive |
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