| 中文摘要 |
都市計畫及其通盤檢討主要考量都市發展情況，為引導都市未來發展，對所需之各項土地使用分區及公共設施需求預先規劃案安排，故其具有引導都市未來發展、具公共性與動態之特性，同時，也因應民主化進展對民意之重視，現行體制於審議過程特別設計民眾意見表達及處理之體制。本研究聚焦於人民陳情及計畫審議之實務作法及結果，並以新北市升格為直轄市後進行之都市計畫通盤檢討案為例進行深入分析，研究結果發現都市計畫於引導都市未來發展、具公共性與動態之特性，實與人民陳情案，主要著重私人權益保障之特性，相互衝突，這不但造成所費時程甚長之結果，也與引導都市回應後工業化城市發展與快速變遷環境之理想相悖，更甚難讓有些民眾（權利人）得到滿意結果，未來政策之變革，極需考量此公共利益與私人權利相衝突之議題。
Urban plans and their comprehensive reviews mainly consider the pursuit of future development of the urban areas. According to the Urban Plan Acts, an urban plan is a rational planning for land use therein and to a planned development of facilities related to urban living, e.g. economic activities, communications, sanitation, public security, culture, education, recreational and so on. Therefore, urban plans are characterized by the guidance of urban areas' future development, publicity and dynamics. Simultaneously, in response to the progress of democratization, the current system designed a review process for examining and handling opinions or suggestions about the plans' contents. This study analyzed the practice and results of the examination of urban plan comprehensive reviews and their handles about peoples' opinions, with the case of new Taipei City. The analysis revealed that the characteristics of guiding urban areas' future development, publicity and urban dynamics are conflicting with the appealing of peoples' opinions which were mainly focusing on the protection of private property rights. Urban planning is only time-consuming, it is also contrary to the aim of guiding city responding to the post-industrialized development or the rapid change environment. It is also hard for some peoples, who are not beneficiary in the plan, to get satisfactory results. Before any policy changes are made in the near future, the conflicts between the pursuit of public interests and the protection of private rights must be considered. |
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