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THE STUDY OF GOVERNMENT’S COMPENSATION FOR LAND EXPROPRIATION：A PERSPECTIVE OF PROPERTY RIGHT
No full text近年來，由於經濟發展快速，政府積極興辦各項公共建設，而公共建設所需的土地常會用到私人土地，而現階段對於私人土地仍以徵收方式取得。 以往台灣對公共設施用地徵收的補償標準是依據公告現值加四成作為標準，此價格與市價有所差距，因此徵收過程常引起民眾不滿，導致公共工程無法進行。為使公共設施能順利開發，徵收的補償價格須改以市場價格為準，使被徵收的地主不至於群起抗爭。地徵收乃基於公益而對私人財產權之侵害，故補償的合理性、公平性攸關人民權益，應予以重視。但由過去文獻及統計資料中得知，土地徵收補償一直存在許多爭議，民眾也不斷提出質疑。舉凡補償數額、項目、查估過程與方法，一直是爭議的焦點，可見在目前體制下，土地徵收補償似乎存在一些值得探討的問題。 在台灣的土地徵收制度下，土地徵收一直被視為政府執行都市公共政策的重要工具，但是土地徵收制度變遷的原因及對財產權配置的影響，很少被深入的探討，亦少有相關的實證研究予以論述說明。由於土地徵收影響人民的土地財產權範圍，因此，以財產權為研究的焦點，連結制度及執行層面的動態分析，可以更深入地了解政策運作的過程，檢視土地徵收制度設計的問題，藉以提供更佳的制度環境。本研究基於財產權的觀點，連結制度變遷及執行層面的分析，研究所有權人及利益團體如何透過與政府的協商，改變土地徵收制度，進而影響財產權配置的問題。Because of our fast-developing economy, Taiwan government establishes all kinds of public construction actively in recent years. However, some of the needed lands are private,have been expropriated by the government.n the past, Taiwan government took announced land current vale(at most plus 40 percent) as levy compensation, but this compensation was much less than market price. The private land owners always dissatisfied with levy progress, and boycotted the public construction involved.ompulsory purchase based on public interest significantly infringes upon private properties; therefore, a fair or just compensation should be took into account. Previous studies and statistics show that owners whose properties are taken often argue against decisions on compensation amount, items, valuation process and appraisal methods. Therefore, the current compensation system seems to suffer from problems which warrant further investigation.and expropriation is regarded as an important instrument for enforcing urban policy in Taiwan. Land expropriation does not only control the quality of urban environment, but affect the price of real estate. However, the reasons of Land expropriation institutional changes and the factors influenced the assignment of property rights are very rarely investigated. The decision of land expropriation will directly influence the scope of landowners’ property rights. Thus, based upon the viewpoint of property rights, incorporated with institutional and enforcing dimension to conduct a dynamic analysis can deeply investigate the process of policy operation and overlook the problems of institutional design so as to provide better institutional environment for land expropriation.his research, based on the property rights perspective, intends to investigate the change of land expropriation and its enforcement. The study pays special attention to the bargaining among private landowners, interest groups and government authority. In order to improve the institutional environment, this paper will also try to find how the property right allocation involved in the process of enforcement.目 錄試委員會審定書 I 辭 II立臺灣大學 九十七 學年度第 二 學期碩士學位論文提要 IIIBSTRACT IV一章 問題意識 1一節 問題緣起 1二節 方法與流程 3、研究方法 3、研究流程 10二章 我國土地徵收及補償 13一節 土地徵收之意涵 13、土地徵收之定義與目的 13、土地徵收之性質與要件 14amp;#21441;、土地徵收之程序 17、政府土地開發取得方式 19二節 土地徵收與補償 21、土地徵收補償意義 21、土地徵收補償之原則 22amp;#21441;、我國土地徵收補償制度 24三節 我國土地使用發展歷程 29、台灣光復時期 29、工業開發時期 30amp;#21441;、經濟起飛時期 30、環境永續發展時期 31四節 土地徵收補償理論 36、完全補償學說 37、相當補償學說 37amp;#21441;、折衷說 38五節 徵收補償制度實質問題 40、徵收土地補償之計算標準不合理 43、加成補償之成數不一致 43amp;#21441;、地上改良物補償標準不合理或補償項目不齊全 46、協議價購流於形式化 47、產權不清或祭祀產業無法在短期內辦理補償作業 48、土地徵收補償與土地所有權人預期有落差 48、民眾對政府推行公共建設可信度及滿意度較低 49、政策宣導不力 50、被徵收地主自我價值觀之認定偏差 50、民意代表介入或利益團體炒作使土地徵收困難 50三章 土地徵收爭議之探討 53一節 政經體制變遷爭議 53、威權體制時期（1945~1986） 54、民主轉型時期（解嚴1987~1996） 56amp;#21441;、民主鞏固時期（1996年以後） 58二節 土地徵收政策爭議 59三節 施政公平性爭議 63、圖幅式計劃形成僵化之計劃與管制 64、土地使用計劃造成地價獨佔 64amp;#21441;、事業計劃粗糙而不平 64、政治惡質化循環不已 64四章 財產權的界定與對土地徵收補償的保障 67一節 財產權理論 67、財產權之定義 67、財產權之理論觀點 69二節 法律對財產權的界定與保障 72、財產權保障之意涵 72、財產權保障之效果 73amp;#21441;、財產權保障之範圍 74、我國憲法與大法官解釋對財產權保障之內容 75三節 財產權的配置 77、修正土地徵收的規定 77、土地所有權人所應有的思維 78amp;#21441;、改變土地徵收補償機制的行為模式 81四節 透過「財產權之界定與保障」以解決外部性問題 83五節 財產權應用在土地使用管制上 87五章 土地徵收補償策略分析 93一節 社會公義的內涵 93二節 外國土地徵收補償策略 94、美國土地徵收補償之策略 95、德國土地徵收補償之策略 96amp;#21441;、日本土地徵收補償之策略 97三節 我國土地徵收補償策略 98四節 補償策略分析 101六章 結論與建議 103一節 結論 103二節 建議 104、賦予估價師查核徵收補償之法定地位 104、徵收地價補償應加計物價上漲指數 105amp;#21441;、公告現值加成數之地區性一致化 105、準徵收應予補償 105、協議價購短期改進措施 106、立法設置「土地法庭」 106、修訂都市計畫法第八十三條之一規定 107考文獻 109、中文部份 109、西文部份 115 錄 117、土地法 117、土地徵收條例 15
Going Beyond Counting First Authors in Author Co-citation Analysis
No full textThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
No full text“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
No full textWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
No full textWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
Author-wise bibliometric analysis based on entropy.
No full textAuthor-wise bibliometric analysis based on entropy.</p
Author Under Sail The Imagination of Jack London, 1893-1902
No full textIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Intro -- Title Page -- Copyright Page -- Dedication -- Contents -- Acknowledgments -- Introduction -- 1. Spirit Truth -- 2. From Absorption to Theatricality and Back Again -- 3. "I Will Build a New Present" -- 4. Sons as Authors -- 5. Fathers as Publishers -- 6. The Daughter as Author -- 7. Lovers as Authors -- 8. At Sea with the Family -- 9. Yellow News, Yellow Stories -- 10. The Return Home -- Notes -- Bibliography -- Index -- About Jay WilliamsIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Description based on publisher supplied metadata and other sources.Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, YYYY. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
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