英文摘要 |
The legal property of the urban planning has been a disputatious issue in theory and in practice. The release of Judicial Yuan Interpretation NO.156 has settled the arguments authoritatively but triggered further controversies. Among these arguments, the interpretation of the legal property of urban planning inclined to administrative adjudication, based on the claim “the rights coexist with administrative appeal”, has always been one of the mainstreams. The interpretation, to certain extent, has also influenced the result of Judicial Yuan Interpretation NO.156. As a matter of fact, defining the legal property of urban planning from the sole point of administrative act is far from adequate. Therefore, further analysis from its true nature is required in order to seek for the utter comprehension of the question.This thesis wishes to conduct a comprehensive review on the legal property of urban planning from the theoretical and real practice approach. Next, a comparative study of the administrative order, the administrative act, (including general administrative act), the administrative plan and the administrative contract would followed by the comprehensive discussions of each, so that a most appropriate conclusion for the exploration of the format of the administrative behavior of urban planning is attained from a multi-dimensional manner. This thesis particularly expounds the classification and the rank of legality when defining urban planning in ordinance. It is also the purpose of this thesis to provide resolutions to related questions of administrative appeal while defining urban planning in ordinance. This thesis would also bring up a contentious case study of the floor space ration of the Shin Li Chu’s detail plan, where the core nature of the case is based on the legal defining of urban planning. Based on considerable qualitative researches, this thesis, is aiming to verify the comparison and analysis of numerous conceptual ideas, so that a better and larger understanding of the issue could be developed.According to the result of the researches conducted in this thesis, the urban planning should be defined by ordinance, no matter if it is in newly promulgation, the overhaul-review or respective alternations. The argument of defining urban planning by ordinances is based on its universal application of regulations on every human being and the identical measure of changes to the right and obligation of the regulated people. Moreover, defining urban planning by ordinances is more subject to legal control, as compared to defining in the administrative act. Last but not least, this thesis argues that the question of administrative appeal raised from defining urban planning by ordinances, should be solved from developing better and well-trimmed urban planning-oriented litigation norms. |