| Summary: | 碩士 === 國立成功大學 === 工學院工程管理專班 === 94 === Abstract
To be a human being, the freedom of life and the equality in life is the most important thing. These are the gifted nature rights, which also mean that the dignity of human natures that is not allowed to be violated. The existence of the rights of human being is to satisfy the existence of human being; hence, the human rights protection has proved to be the common language in the universe.
Uses the said property theories to property protection of Constitutional Law and takings .. The Fundamental Rights product from the human rights，and property right is one kind of it.
In the interpretation of No.400 of Grand Justice J.Y.「he purpose of Article 15 of the Constitution, which provides that the people's property right shall be protected, is to guarantee each individual the freedom to exercise his/her rights to use, profit and dispose for the duration of the property, and to prevent the infringements from public power and other parties upon his/her freedoms, so that he/she may develop his/her personality and maintain his/her dignity. However, individuals’ freedom to exercise their property rights should be restrained by their social or ecological responsibilities according to the law. Those individuals whose property rights have been restrained due to the abovementioned responsibilities and have been particularly sacrificed for public benefits shall have the right to be fairly compensated. To be consistent with the abovementioned constitutional protection of property rights, although the state, for setting up public enterprises or implementing national economic policies, according to law (See Articles 208 and 209 of the Land Act), might expropriate privately owned lands, it should compensate them fairly.」and 「. In the case where roads already exist on which public easement has been established due to some specific criteria, the owners of those roads have been deprived of their freedom to use and make profits from the lands. Their interests on the property have been specifically sacrificed for the general interest. To act fairly, the state should expropriate those lands according to law and provide compensation. If central or local governments, due to financial difficulties, can not completely expropriate those lands and make compensation, relevant organizations should set a deadline for compensation on annual installment or by other means. It is obviously contrary to the principle of equality that the state is not required to expropriate those lands and make compensation on which public easement has already been established and maintained by ordinances given that other privately owned lands within the same road plan have been expropriated and compensated for.」
A study of private roads already exist，a comparison about the political of competes prices and purchases with expropriate compensation by cash .
|
|---|
