| 英文摘要 |
Urban renewal is part of urban planning, with the characteristic feature of public affair, should primarily be performed by the state or the local governments. However, the Urban renewal related matters, by law, could also be transferred to the people. If so, the state or the local governments are still expected to take the responsibilities of supervision and intervention (if necessary), in order to provide assurance accountability and protection obligations. As such, the central or the local administrative authorities are responsible for the urban renewal programs and outcome by providing necessary supervision and protection obligations for the people involved. Urban renewal, not only presenting the attribute of public interests but also referring to the basic human right of property and freedom of residence protected by constitution, is a social issue with continuous controversy. In this study, it will be started first by examining the four cases of Constitutional Interpretation, No. 709, exploring the urban renewal related judgments of the courts, and presenting the contours and context of urban renewal related controversies. Next, urban renewal definition and its related procedures, followed by the Administrative Appeal proceeding, will be introduced and explained. Then, the major arguments involved - including exemption eligibility appeals process, standing of plaintiff, administrative penalty, and types of administrative litigation - will be elucidated. And last, urban renewal due process and urban renewal review board authorized discretion and its defect will be discussed by analyzing some judgment cases. By due process and the contents of the following administrative penalty, the legality of urban renewal will then be assured. |
