準徵收理論的司法實踐──釋字第七四七號解釋評析

準徵收是國家不徵收私人土地亦不付任何費用，而強制將私人土地作為公共事業或公共利益之用。釋字第七四七號明確認為對於此種有徵收的事實而無徵收之名的準徵收，即使無法律規定人民仍有請求補償的權利。有權利必有救濟，是法律的基本原則。釋字第七四七號似乎已確立「占有準徵收」與「無法律規定人民仍有請求補償的權利」兩大原則。妥當解釋適用釋字第七四七號，可完成釋字第四○○號的未竟事業，但仍有賴有待增強擔當的行政法院。本文認為釋字第七四七號的意旨，對於無徵收之名而有徵收之實的符合準徵收理論的各種情形，皆應有所適用，才能完全改善人民財產權保障空洞化的狀態，也才能督促立法機關和行政機關貫徹保障人民財產權的憲法意旨。

In recent years, the demand of exhibition has increased day by day. How to effectively communicate exhibition concept of curator to visitors has become an important issue. Exhibitions are obviously regarded as a communications platform between exhibitors and visitors. Exhibitors arrange a unique field, plan unusual experience and pass on specific message to visitors. The process of exhibitions is just like the design thinking process including insight, observation and empathy. By curating the exhibition of turning poetry into painting, this research investigates how to transform abstract idea into concrete exhibition and how to cooperate with creators and exhibitors for visitors. Two studies were used to explore the related issues. One study investigated the cognition of emotional responses and visual scenes when turning poetry into painting. The results provided a possible solution to the methodological problem of understanding viewer perception, and to explore the feelings associated with turning poetry into painting. The other study mainly investigated the influence of different media presentation forms on viewers’ perception, preference, and viewing time. It is advised to provide proper painting titles and good viewing environment during exhibition of paintings to help viewers develop pleasant emotions and further increase their preference for paintings. Eventually, the findings of this study can give an insight into the cognitive of exhibitors, creators and visitors.