論非都市土地編定種類及其變更與更正問題

A Study on the Changing and Correcting of Non-Urban Land's Classification

台灣全境非都市土地在民國65到74年間完成編定作業，並自此全面實施非都市土地使用管制。對於土地編定結果不敷使用需求者，民眾依法可循申請變更編定或是開發許可途徑改變土地編定種類。惟近年因配合辦理國土計畫相關作業，卻出現不少在土地初次編定完成30-40年後提出申請更正編定案件，而達到與申請變更編定相同之結果。為何非都市土地的編定結果可以在原結果生效數十年後辦理更正，相關法規究竟如何規範，其法理依據為何，甚至是否具有法理上的正當性，皆屬值得探究之處。由於本主題涉及事項欠缺相關法學研究，本研究嘗試由非都市土地初次編定作業的歷史背景開始，就其迄今之發展於空間規劃與法理面向進行分析，釐清變更編定與更正編定二者之差異，並檢視二者在法理上之妥適性。

In order to implement the land use control of non-urban lands under regional plans. Non-urban lands in Taiwan were between 1976-1985 according to the land use purposes classified. Instead of applying for permission in order to change the results of land's classification, the results of land's classification could be changed when it has been done in so-called ''correcting'' process. To notice is that, a legal result of land's classification can be (de facto) changed in such ''correcting'' process retroactively. For this reason, such ''correcting'' mechanism becomes an unique phenomenon in Taiwan's spatial plan system and needs to be analyzed. This phenomenon is how ever not yet academically researched, under neither spatial plan system nor juristical aspects. And the question, how can a result of land's classification in this way legally and legitimately be corrected, becomes juristically even more important, while this ''correcting'' process was for the lands in aboriginal areas widely applied. This study reviews the historical background of both changing and correcting processes for the results of land's classification at first. As result of the systematical analysis in contents and structure of relevant Norms, this study has found out that, the ''correcting'' process (or mechanism) of the land's classification against Administrative Procedure Act and is neither legal nor legitimate. A further application of this process under Spatial Planning Act is also not suggested.