| 英文摘要 |
The majority of unregistered factories arise from violations of Article 9 of the Factory Act:“The land used for establishing factories is limited to industrial zones designated in urban planning, non-urban land classified as Type D construction land, industrial zones developed according to law, or other lands designated by law for factory establishment.”Unregistered factories cannot obtain factory registration due to land use zoning factors, which also violates regulations under the Regional Planning Act, Urban Planning Act, and Building Act.
Unregistered factories contribute to the local economy, so some local governments are aware that these operations are illegal but cannot demolish them. To eliminate violations of agricultural land use, the government mandates that for unregistered factories established after May 20, 2016, electricity and water supply must be stopped, and they should be demolished according to the law. For existing unregistered factories that are not low-pollution facilities established before May 19, 2016, a guidance period is set for operators to transform, relocate, or close down.Existing unregistered low-pollution factories established before May 19, 2016, must apply for management within two years from the implementation of the revised regulations. However, how to face and address the environmental risks and land governance issues brought about by unregistered factories is indeed a challenging problem. Therefore, in addressing the historical issues related to unregistered factories, which are highly controversial in society, decision-makers should consider solutions that maximize social net welfare (benefit), whether it involves demolition and relocation to industrial zones or parks, or conditional on-site legalization. Therefore, in addressing the historical issues related to unregistered factories, which are highly controversial in society, decision-makers should consider solutions that maximize social net welfare (benefit), whether it involves demolition and relocation to industrial zones or parks, or conditional on-site legalization. This article attempts to step outside the current legal framework and focuses purely on the economic analysis of benefits. It explores how“conditional on-site legalization”has greater net benefits compared to“demolition and relocation to industrial zones or parks.”Therefore, adopting the“conditional on-site legalization”approach for handling unregistered factories can balance the goals of“fair justice”and“wealth maximization.” |
