| 英文摘要 |
According Spatial plan Act, there are four Functional zones that de-marcation of environmental conservation zones, marine resource zones, agricultural development zones and urban-rural development zones con-sistent with the characteristics of land resources to facilitate conservation, utilization and management of the land, and establishment two steps of spatial development plan into National spatial plan and Municipality or county (city) spatial plan. Once the implementation of a municipality or county (city) spatial plan has been announced, each competent authority shall act in a manner consistent with the functional zones at various levels and produce corresponding functional zone maps; define the land for designated use and present them to the central competent authority for approval and announcement, and enforce relevant regulatory measures. For now, Ministry of the Interior, Republic of China (Taiwan) has been published the draft of National spatial plan during Oct. 2017 by schedule. As the guidelines of the first step plan of land use and country land develop, the draft has triggered public rally caused by increase the limits on land use in land conservation areas. However, according to the current practice in our country, administrative litigationjudicial review merely for orders of administrative sanctions or facts. Therefore, it is necessary to discussion if it is possible to bring litigation reliefof the draft of National spatial plan. This article introduce the land demarcation principles of Environmental conservation zones and the principles of the land use as beginning, then from the restriction of the rights and interests of the people and the land of the draft, discussion about the exercise of planning discretion. Secondly, discussion the nature of the administrative plans of theland demarcation of Specific area and whether it is subject to judicial review or not. And the issue that if the concept for change of the urban plan is possible to apply on the national spatial planchange or other relief may be discussed. |
