子計畫二：由德國法之比較論我國鄰避性設施設立許可程序 之興革(2/2)
Date Issued
2004-07-31
Date
2004-07-31
Author(s)
DOI
922621Z002032
Abstract
NIMBY（not in my backyard）problems are still flushing in Taiwan. The local people
are apt to be opposed to and even block facilities with hazardous character, whatever
kinds they are. The block can hinder the construction of necessary infrastructures
and stop the flow-in of foreign investments, which endanger the prosperity of the
national welfare.
This research focuses on the legal design and capacity-building about the siting
problem, and that through the examples of the waste plants and traffic facilities
projects in Germany. The Federal Republic of German develops a set of legal
instruments, characteristic with highly legalized public hearing process. The authority
will charge the pollutant with the obligations to build up the necessary protective
facilities resulting from EIA-process（Environmental Impact Assemen）and
RIA-process (regional impact assessment), and, when necessary, the compensation
fees. And besides, the The Federal Republic of German adopts, with exact paragraphs
in relevant laws, the strategic planning.The german courts exercise through
judgements the power of monitoring the administration.The active social society also
helps to solve the problem of siting. The German Repblic devices Vorbescheid,
Teilgenehmigungen as instrument for exact examination of the NIMBY plants. Even
when the permit-procedure is over and the plant is now working, the citizens can
demand extra necessary protective facilities, when necessarily, the authority can also
demand the same on its own active evaluation, when it turns out to be necessary
according to the relevant science.About all the institutions mentioned each above, Taiwan has had a basic legal
framework, but all too rough in comparision to those of the Federal Republic of
German mentioned above. NIMBY is also a problem out of the bad memories of the
local public, and remains a problem out of the democratizing process.
Beside the legal details, Taiwan faces problems in political-social dimensions: the
rents seeking of the local political elites, the lower degree of the participation of local
people- and the insufficient guarantie thereof, and the lack of consenses about the way
of environmental protection and economic development.
Subjects
NIMBY
YIMBY
Environmental Protest
Environmental Disputes
Siting
Risk assesment
Compensation
Administrative Procedure
Act
Act
Environmental Impact Assement
Publisher
臺北市：國立臺灣大學政治學系暨研究所
Type
report
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