| Summary: | 碩士 === 國立臺北大學 === 不動產與城鄉環境學系 === 105 === “Trust Law” and ”Trust Enterprise Act” announced in 1996 and 2000 separately. In addition, Article 47 of “National Property Act” also stipulates that the National Non-Public Use Land can be managed or developed by means of Land Trust. The relevant laws and regulations of land trust have been completed, but land trust is not currently widely implemented for the National Non-Public Use Land. The research discussed about the trustee's qualifications, rights and obligations, analyzing whether the trustee has the willing and capability of achieving the National Non-Public Use Land trust.
The research defined land trust as “Ownership Trust” and “Superficies Trust” through Document Analysis. The ownership trust is divided into three sections: “Real Estate Disposition Trust”, “Real Estate Management Trust” and “Real Estate Development Trust”. The research synthesized Land Trust Laws and regulations of the National Non-Public Use Land, and used Trust Association of R.O.C’s statistical data to grasp the land trust operation currently in R.O.C. Moreover, the research analyzed the operation mode of the National Non-Public Use Land Trust, and dissected Trust Enterprise’s role in various trust modes and their business model.
The research analyzed six major issues about Trust Enterprise, including qualification limit, source of rights, management ability, withdrawal mechanism, willingness of business commitment and future policy suggestion. Through interviewing the senior executives in banking industries who were in charge of private land trust business, the research have a complete understanding of trustee’s point of view.
The research sorted and analyzed the content of interviews, and drew the six research conclusions following: First, lower the threshold of company's contributed capital, and indeed verify whether practitioners have the ability to execute trust business. Second, legislate for the implementation basis of the National Non-Public Use Land trust. Third, the Trust Enterprise executes professionally and controls risks, make the National Non-Public Use Land managed and developed according to the need of policy. Forth, the Trust Enterprise does not need to set up withdrawal mechanism, but has to design compensation mechanism for the Public Administration terminates the trust contract. Fifth, the administrative performance and burden of responsibility will affect the Trust Enterprise’s willingness of business commitment. Sixth, establish Trust Public Institutions, and diversify of the National Non-Public Use Land uses.
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