子計畫三：我國水源保護區的規劃、補償與收費法制的立法 議題：社會正義、法秩序與德國法之比較(I)(1/2)
Date Issued
2005-07-31
Date
2005-07-31
Author(s)
DOI
932621Z002015
Abstract
This research aims to analyze the current issues on zoning, compensation and
fee-charging of water supply watersheds in Taiwan. It is based on the idea of social
justice and the constitutional property-clause and the legal value-settings in Taiwan,
and further through the comparison of German water laws.
The property-clause requires that the intervention of the state, though legitimate out of
public welfare or governmental interest, must be tailored to the necessary--i.e.
proportional-scale. This demands a review of the soaring amount of the watersheds
area (amounting to 1/4 land of in Taiwan! ), and an examination of the inner zoning
and the possible methods to lower down the impacts in each watershed, so the Federal
Constitution Court ( Bundesverfassungsgericht) describes in a judgment dated
2/3/1999. In Germany, a three-leveled Water Protection System with different
regulating contents has been built up.
The human rights of property, and so also the idea of social justice thereof, demands,
that citizen are compensated, if their rights (though due to legitimate state actions)
should be so restricted, that it constitutes a special sacrifice. The landowners in
watersheds are permitted with lower-leveled using than in average, which will remain
even after possible technical methods to low down the impacts. This constitutes so far
as a reason for compensation therefore.
The Federal Constitution Court ( Bundesverfassungsgericht) describes further in a
judgment dated 7/11/1995, that water is a precious resource, the over-use of it
constitutes a advantage and therefore be charged with “resource-use-fees”.
This research peers into the legal texts of the relevant statutes of Hessen and
Baden-Wuerttemberg.
Subjects
social justice
property rights
compensation
water supply
watersheds
watersheds
watershed
management practices
reservoir watershed
SDGs
Publisher
臺北市：國立臺灣大學政治學系暨研究所
Type
report
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