| Summary: | 碩士 === 國立臺東大學 === 公共與文化事務學系區域政策與發展研究碩士班 === 103 === After the concept “Natural Sovereignty” proposed in 1993 in Giving Back My Land Movement of Taiwan Aborigines, the study interest on aborigines land of academic field has been shifted from reserved land to traditional area, natural resources and ecologies, etc. This shift indicates pondering on rights of aboriginal land has become more comprehensive and macro. However, on the other hand, study of academic field on aboriginal reserved land mainly focused on general record of historical laws, whether current policies is fit and analysis on results of happened affairs. Rather we lack observation on the real phenomenon of the process with the deduction of university mode, thus it is difficult to find the key, causing lack of knowing of current situation of reserved land and practical reference of policy design and difficulties of giving land rights to aborigines.
Inherit Chapter of Civil Law of our country stipulates the spouse has the right to inherit property of each other. Property inheritors, apart from spouse, are issue, parents, brothers, sisters, grandparents. It is possible to have some problems when using the aboriginal reserved land under our law system since it is a traditional property inherit culture with different nationalities and with specific identity and in specific areas.
Taking culture of Paiwan Nationality as the example, this study will research the registration data of inheritance and segmented inheritance of aboriginal reserved land from 2012 to 2014 in the countries of Taimali, Jinfeng, Daren, Dawu of Taitung County. The study will propose interpretation of phenomenon and reality by taking content analysis method with question awareness to form code categories and through the registration data translated from code table, combining realities analyzed from property change with interviews with local governmental staff and main groups of Examination Commission of Land Right.
Through the study, we have found that Paiwan Nationality has no tradition of spouse inheritance. They take the tradition of elder grandchildren staying at the original home and inheriting the original house while other grandparents leaving home and building more houses for their inheritance. This inheriting concept of equal gender but unequal ages is also admitted nowadays; moreover this tradition is obviously inclining to the inheritance rules in Civil Law. Meanwhile, with more population floating to metropolis, the inheritance rate of reserved land is lowered. We propose related suggestions upon study and analysis to provide reference to governmental organs to make improvement on land right distribution and to administration organs to make policies.
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