台湾房屋拆迁的立法、补偿与冲突解决机制

On Taiwan's Mechanism of Law-making,Compensation and the Solving Models on Conflicts Concerning Housing Demolition and Relocation

房屋拆迁问题在我国当前受到特别关注,如何从法律上进行科学的制度建设也曾引起广泛的讨论。为加强与完善我国拆迁立法,本文集中分析了台湾地区拆迁的做法。台湾房屋拆迁法制立足于解决两个根本性问题,即补偿费的多寡和未来商业利益的分配。台湾以地权保护为核心,严格核定地价,区分私有与公用土地;将房屋拆迁补偿的预期商业利益充分考虑,从而最大程度地减少了房屋拆迁中的纷争。

The problem of housing demolition and relocation is a matter of considerable public concern in Chinese mainland.How a proper legal system is constructed has been widely discussed.To strengthen and improve Chinese mainland＇s law-making concerning housing demolition and relocation,this paper focuses on analyzing Taiwan＇s mechanism of housing demolition and relocation.Taiwan＇s law-making concerning housing demolition and relocation addresses itself to two fundamental problems,that is,the amount of compensation and future distribution of commercial interests.The detailed steps are：protecting land rights is put the first place;appraising and fixing land prices strictly;drawing a distinction between private land and public land;taking full account of expected business interests in compensation for housing demolition and relocation in order to minimize various disputes.