Research and Discussion on Legal Issues Relating to Urban Land Readjustment by the Private

• Main Authors: Yang,Wen-Lan, 楊文蘭
• Other Authors: CI-JHEN,HUANG
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/39006754815930676320

博士 === 東海大學 === 法律學系 === 104 === Urban land readjustment by private means implementing land readjustment policies using private resources and capital. As a result, the state may avoid spending construction capital and further take advantage of the private sector’s flexibility and efficiency when it partakes in public administration activities. This is an actualization of a combined effort by both the private and public sectors. This thesis will use legal theories to explain the origin of urban land readjustment and implementation by the private sector, clarify its nature of combining characteristics of both public and private law, and discuss the private sector’s depth of involvement in public administration activities. Secondly, I will use cost equivalent land as an example in the urban land readjustment to explain the unique characteristics of urban land readjustment and implementation by the private sector. Lastly, by focusing on the public administration’s rules and regulations relating to the submission for approval process for urban land readjustment and implementation by the private sector, I will scrutinize its level of supervision over the process, call attention to the differences between submission for approval process and review process, explain that the state should still legitimize and appropriately supervise the private sector’s involvement in the public administration’s public services, and analyze the legal issues that may arise when public and private sectors comingle in delivering public services.