從憲法保障人民權利視角建構行政程序人民參與形式之選擇基準

The Selection Criterion of People Participating in the form of Administrative Procedures Constructed from the Perspective of the Constitution Protection for the People's Fundamental Rights

本研究主要探討何種行政程序需要何種人民參與？是否有一套原則或標準？首先探討行政程序人民參與及基本權保障之關聯性，次述人民參與形式與參與強度，繼而從基本權保障對程序參與之影響建構參與原則及參與形式，再以非都市土地開發許可程序實際操作，以提供未來立法政策形成及行政作業實務上一般較明確之操作原則。 This study mainly explores which types of people are required to participate in what form of administrative procedures and whether a set of principles or standards exist. First, to explore the relationship of people participating in administrative procedures and fundamental rights protection. Secondly, to relate the form and level of people participation, and a follow-up study of the people participation principle and form is constructed, based on the influences of people's fundamental rights protection for participating in administrative procedures, and to operate the non-urban land development permit process actually. The results would provide a more definite operation rules and regulations for the future legislative policy formation and administrative operating practices.

This study mainly explores which types of people are required to participate in what form of administrative procedures and whether a set of principles or standards exist. First, to explore the relationship of people participating in administrative procedures and fundamental rights protection. Secondly, to relate the form and level of people participation, and a follow-up study of the people participation principle and form is constructed, based on the influences of people's fundamental rights protection for participating in administrative procedures, and to operate the non-urban land development permit process actually. The results would provide a more definite operation rules and regulations for the future legislative policy formation and administrative operating practices.