| 英文摘要 |
“The Draft of National Spatial Planning” authorized by Spatial Planning Act issued in 2015 will be enforced in May, 2018. Disputes concerning this draft have been discussed in the academic ecology of Taiwan. First of all, Spatial Planning Act functions on regulatory measures for land use control and proposition of use guidelines for functional zones of national land. Nevertheless, it is deemed to excessively infringe the local self-governed authority for Spatial Planning Act in that this act applies to land use permit systems, commands local spatial plans not conflict with the National spatial plan, permits central government independently drafting and amending local urban plans without local authorization. Moreover, the local authority is permitted to file application for reconsideration only once if local governments are not satisfied with the decision. Secondly, the relevant processes of spatial planning lacks in due process, which is considered unconstitutional. Last but not least, that the central government is in charge of enacting spatial plans is disobedient to the principle of the central government and local government’s power partition. This article dominantly makes an approach to the constitutionality of Spatial Planning Act and National Spatial Plan, and advises five pieces of advice to offer the central authority references or supervision guidelines when implementing or amending spatial plans. |
