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A Study on the Changing and Correcting of Non-Urban Land's Classification
|Keywords:||非都市土地 ; 編定使用地別 ; 變更編定 ; 更正編定 ; 行政處分 ; non-urban land ; classify lands of various purposes ; changing the classification of lands ; correcting the classification of lands ; administrative disposition|
|Issue Date:||2020-11-11 11:18:44 (UTC+8)|
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.
|Relation:||臺灣土地研究, 23(1), 1-45|
|Appears in Collections:||[臺灣土地研究 TSSCI] 期刊論文|
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