The Analysis and a Study of the Standing to Challenge Culture Heritage Preservation Actions
Date Issued
2016
Date
2016
Author(s)
Chen, Yin-Ju
Abstract
In recent decades, cultural heritage preservation has become the subject of attention in Taiwan. Due to the preserved actions will limit the application of lands, which the cultural heritage has attached, the cultural heritage preservation conflicted with the construction because of the lands application, and aroused controversy of deciding whether the cultural heritage is preserved or not. The judgments of challenging cultural heritage preservation actions required that the plaintiffs claiming or defending its legal rights and interests. Nevertheless, the judgments often narrowed the plaintiffs’ standing and lacked the reasoning process. On the other side, the benefits of preserving cultural heritage were shared by the society, and there were no specific individuals could claim to own that benefits. This thesis analyzed and examined related theories and judgments to clarify the plaintiffs’ standing in challenging cultural heritage preservation actions’ cases. Entries were compared and referenced according to the studied of Japanese law and judgments to solve the problems of plaintiffs’ standing. Facing the cultural heritage preservation had public benefits character, this thesis researched the possibility of cultural heritage preservation citizen suits from the environmental law, and made some related suggestions.
Subjects
Cultural Heritage Preservation
Locus Standi
Theory of Protective Norms
Environmental Impact Assessment Act
Citizen Suits
Type
thesis
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