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時間、勞動與生態-原住民財產權的核心論題
Journal article

時間、勞動與生態-原住民財產權的核心論題

居正 黃
清華科技法律與政策論叢 清華科技法律與政策論叢, Vol.2(1), pp.5-47
2005

Abstract

時間;勞動;生態;原住民族;市民法;財產權;Time;Labour;Ecology;Aboriginal people;Civil law;Property

This article is intending to conceive the property and its collaborating facilities, e.g., the regulation, the authority, and the utility, as an integrated interpretation system, so to reveal and reinterpret the essential elements of such system, namely the concept of time, labour and ecology. With this effort, the applicability of the ideas of civil property are largely re-examined, and its auxiliary facilities would therefore be conceived and measured as a power distribution tool. Then we can oversee the efficiency (and difficulties) of single property system applied in a multi-ethnic society with a broader spectrum of evaluation, which includes the aboriginal meaning of the above essential elements and the overall balance of power between different ethnic groups. And aside from the hard solutions such as amending the constitution through national assembly to rebuild a dual property system, the conventional methods such as usufruct and similar ideas applied by civil property are suggested to resolve the conflict between the aboriginal and civil property.

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