A Study of the State-Owned Land Trust with the Emphases on Leasing-type Land Trust
|關鍵字:||公有土地;土地信託;State-Owned Land;Land Trust|
In recent years, Taiwan Government has expanded its national budget to carry forward its welfare policies and public construction projects. In order to meet the demand of increasing expenditures, the government has been engaged in ways, such as adjusting tax base, increasing tax items, issuing the government bonds, to enhance the budget quality. The management performance for state-owned land, a factor of national income resources, has highlighted itself to the social attention. However, due to the limitation of manpower and budget, it is restricted to perform well in the management of state-owned land. As a result, there are countless cases of illegal occupation, farming and construction on the state-owned land. To support the urgent financial demand of the government, an appropriate management strategy for state-owned land development is needed. Most contracts only offer the Government the role of land supplier, so the income is due only to the disposal value of the land and can not benefit from the effect of the exploitation of the land. By analyzing the present mechanism of the management of state-owned land ,it is expected that the following goals could be achieved： 1. Find out the problems to the issue of under-developed and unreasonable usage of the public land by observing its present managing mechanism. 2. Studying and describing the Japanese public land trust system including its beginning, its background and its development and outcome. 3. Basing on Japanese experience, studying the feasibility of the establishment of Taiwan state-owned land trust system. It is aimed to enhance the usage value of Taiwan state-owned land, and improve the economic development and social prosperity. Two major conclusions are drawn: 1.The problems we are facing in the state-owned land management and usage are, short of a unified land authority, lacking of the cost-effect thinking, and the emphases of more financial revenue than land exploitation; 2. According to the land exploitation trust mechanism, the public sector’s role has changed from a land supplier to a land developer, i.e. the authority can enjoy the land developing benefit but also have to take its risk as an explorer. The Government needs a market mechanism to cooperate with private sector to promote the industrial peripheral effects through the land exploitation. The public land development by trust can at least achieve the following functions and effects：1. Reducing the Government’s burden of manpower and capital with the promotion of the effective use of the land. 2. Combining effectively with the private resources to participate the public land development. 3. Enjoying the benefits of land development and holding the land ownership at the same time. 4. Correcting the bad trend of land opportunism / gamble. 5. Improving the circulation and use of the land. 6. Increasing elasticity in administration procedure. Taiwan’s law in land trust system has nearly completed, but it has no achievement in practice yet. Intensive interviews are carried out to find the reasons of no achievement at the points of view of the public land authorities and the trustees respectively.