Study On Legal System Of Urban Land Readjustment In Taiwan

In the process of urbanization in Chinese Taiwan,land has played an extremely important role as a means of production.However,its inherent scarcity and non-renewability has led to increasing difficulties for the government in acquiring land for construction and public facilities,and forced land acquisition to meet economic and social development has led to more and more conflicts and contradictions.The traditional land expropriation system has been unable to meet the actual needs.At this historic point,the legal system of urban land readjustment,which follows the principle of "making the best of the land and sharing the land",came into being in Chinese Taiwan.By nature,legal system of urban land readjustment is a specific operational mechanism in Taiwan’s land administrative legal system,and is a specific model for controlling the government’s power of eminent domain through planning.Mainland can learn from the experience of Taiwan’s legal system of urban land readjustment to improve land expropriation for tract development,which has become highly controversial in recent years.Based on this,literature analysis method,comparative research method,historical research method and interdisciplinary research method are used to firstly study the literature on the legal system of urban land readjustment in Taiwan,and sort out the implementation situation,legal system,processing mode,implementation procedure,compensation system and relief mechanism of the legal system of urban land readjustment in Taiwan,in an attempt to provide a detailed discussion of the system itself and its operation mode.Secondly,the advantages of the legal system of urban land readjustment are explored,while the problems in terms of legal status,purpose,procedure and compensation mechanism are also pointed out.Finally,based on the previous study of the legal system of urban land readjustment,the commonalities between it and the mainland’s land expropriation for tract development are analysed,with a view to providing some suggestions to improve the current land expropriation for tract development.At present,there are seven ways to improve land expropriation for tract development: firstly,to improve specific laws and regulations to ensure that every step of land expropriation for tract development is based on the law;secondly,to strengthen planning control and enhance the restraining effect of planning on land expropriation for tract development;thirdly,to strengthen the review of public interest and necessity and clarify the relationship between land expropriation for tract development and public interest;fourthly,to learn from the experience of the system of allotment of land and improve the current existing compensation model for the resettlement of reserved land;fifthly,to learn from from the experience of the system of cost equivalent land and ensure that the land is taken from the people and used for the people;sixthly,to ensure procedural legitimacy,to expand the scope of public participation and improve the circumstances under which public hearings are held;seventhly,to unblock relief channels and improve the internal and external relief channels in land expropriation for tract development.