Comparative Studies On The Systems Of Land Expropriation And Compensation Between The Mainland China And Taiwan

Land and houses are the core of people’s property. The state should enact the strictlegal system on expropriation and compensation in order to protect human’s propertyand to fit in with the modern constitutional principle of property protection. Therefore,although the states have the power to expropriate people’s property, includes land andhouses, it should fully compensate for their special sacrifices. Thus the state shallprovide the expropriated persons full compensation by strict restraint powerdelegation. Recently, both in the Mainland China and Taiwan, legal systems ofexpropriation and compensation have been reformed actively in response to theclaims of the civil society. However, it’s not enough. It is needed for the legal progressto conclude and mutually learn the experiences and institutions on the systems of landexpropriation and compensation between Mainland China and Taiwan by comparativestudy. Therefore,“Comparative Studies on the Expropriation and Compensation LegalSystem between Mainland and Taiwan of China” is chosen as the title of this article.This dissertation includes, apart from the introduction and conclusion, fivechapters which are demonstrated as the following:Chapter I deals with Overview of Land Expropriation and Compensation Systems,including the significance, nature and fundamental principles of expropriation andcompensation.Chapter II deals with “Comparative Study on the Legislation System of LandExpropriation and Compensation between the Mainland and Taiwan”. It firstlyintroduces the system of expropriation and compensation in the Mainland, includingthe institutional background and legislation history, and the introduction to theprinciples of the Regulation on Expropriation and Compensation of the Houses on theState-Owned Land and analysis of its procedural and substantial rules. Then it offerscomparative introduction to the system of on expropriation and compensation inTaiwan, including its institutional background and legislation history. Thirdly, itdiscusses the principles of the Regulation on Land Expropriation with analysis of itsprocedural and substantial rules. Finally comparison between the Regulation onExpropriation and Compensation of the Houses on the State-Owned Land of theMainland and the Regulation on Land Expropriation of Taiwan, including probe intothe legal status and nature, procedural and substantial rules.Chapter III deals with “Comparative Study on the Procedural Systems of LandExpropriation between the Mainland and Taiwan”, introducing the scopes, conditions,offices and their powers, rights of the expropriated persons, negotiations anddecisions, value assessment and legal effects of expropriations.Chapter IV discusses “Comparative Study on the Systems of Compensation for Land Expropriation between the Mainland and Taiwan”, including the scopes,methods and dispute settlement of compensation for expropriation,Chapter V proposes “Improvement of the System of Land Expropriation andCompensation between the Mainland and Taiwan”, expansion of the scope ofcompensation, perfecting the pricing system, perfecting the negotiation procedure,expansion the scope of the negotiated acquisition, executing strictly the compensationpayment and perfecting the dispute settlement mechanism.