土地問題橫跨計畫、地政、景觀等專業，除計畫法規及地政法規外，尚與憲法、行政法及民法有關，甚為龐雜，又因其財產價值較高且具獨特性，不僅攸關公共利益，亦與人民之財產權及居住權相關，故建築師、都市計畫技師、地政士、不動產經紀人、不動產估價師，甚至國營事業約僱人員等考試，皆將土地相關法規列為必考科目之一，足見其於實務應用之重要性，且為行政法各論之重要課題。

本課程聚焦於當代法制上、學理上或實務上之土地利用爭議問題，大凡有：私設通路、現有巷道、建築管理、容積移轉、市地重劃與區段徵收、都市更新與危老重建及都市計畫審查訴訟等土地利用爭議問題。此等實務上具體爭議問題，實與其規範體系上游之土地規劃（計畫法）有關。本課程欲藉由具體爭議問題之爬梳，帶引學生理解土地規劃法制相關體系及理論，以期減少實務爭議問題之發生，並加強其法邏輯分析及論理能力

Land issues span across majors such as planning, land administration, and landscape. In addition to planning regulations and land administration regulations, they are also related to the Constitution, administrative law, and civil law. They are very complex. Moreover, because of their high property value and uniqueness, they are not only related to public interests, but also related to people’s property rights and residence rights. Therefore, land-related laws and regulations are listed as one of the required subjects in the examinations of architects, urban planning technicians, land managers, real estate agents, real estate appraisers, and even state-owned enterprise contractors, which shows its importance in practical application and is an important topic in all administrative law treatises.

This course focuses on land use disputes in contemporary legal, academic or practical aspects, generally including: private access roads, existing lanes, construction management, volume transfer, urban land rezoning and section expropriation, urban renewal and dilapidated reconstruction, and urban plan review litigation and other land use disputes. These practical controversial issues are actually related to the land planning (Planning Law) upstream of its regulatory system. This course aims to lead students to understand the legal systems and theories related to land planning by combing through specific disputed issues, with a view to reducing the occurrence of practical disputes and strengthening their legal logic analysis and reasoning abilities.

老師課堂介紹

Teacher classroom introduction