文化資產保護與衝突之調和 —以指定古蹟及歷史建築為研究範圍

Abstract

文化遺產是人類生活歷程的紀錄與見證，也是世代溝通傳承的橋樑，保護文化遺產已是世界的潮流；從世界文化遺產到古蹟、歷史建築，各國無不積極從事文化遺產保存的工作，並以闡揚歷史文化及推動文化觀光為當前重要的政策，然而在保存文化遺產的過程中也面臨許多的困境，例如財產權的侵害、維護責任、補償措施等問題，我國亦面臨相同的難題，借鏡國外的作法或許可以拋磚引玉，找尋出文化遺產新的發展方向。\n就英、法兩國在文化遺產保護上具有相當的成效，立法體制亦完整，包括周邊地區的管制與保護、修繕補助、稅務減免等，政府一方面提供所有權人完善的補助與協助，但另一方面對於違反者亦施予嚴格的處罰，在注重文資保護的公益時亦兼顧所有權之平衡與調和，例如歷史古蹟的列級須經所有權人同意，若因國家強制列級也有相關的補償及公平的救濟機會，英國則有建築物保存通知（Building preservation notice；BPN）及豁免證明（Certificate of Immunity：COI）等相關措施，這些機制皆有助於決策之穩定性，且保障所有權人在一定期間內免於財產上的干擾及逆襲，其次，法國、英國也相當注重文化遺產的維護管理與活化，不但給予經費上的補助還提供人力及技術上的支援，以減輕所有權人的負擔，並藉由都市計畫結合文化、藝術、觀光、科技、行銷等作整體的規劃，以提升歷史古蹟的活化再利用，不僅使文化遺產受到妥善的照顧，同時創造更高的附加價值；使文化遺產的「保存」與「財產權」取得平衡，並使「保存」與「活化再利用」兼融並進，賦予文化遺產新的生命永續傳承，值得國內借鏡。

Cultural heritage serves as both a record of and a testimony to people`s lives in the past, and also acts as a bridge linking together and allowing for communication between different generations. Protection of important cultural heritage has become a worldwide movement. Countries all over the world are sparing no effort when it comes to preserving their cultural heritage, with the targets of these preservation efforts ranging from world heritage sites to historical monuments and buildings. These efforts are usually in line with government policy seeking to raise historical and cultural awareness, as well as promote cultural tourism. However, these preservation efforts also often meet various challenges, such as potential infringement of property rights, the designation of responsibility for preservation, setting of appropriate compensation measures, etc. In Taiwan we often face these same challenges, which makes it important for us to study how other countries have handled these obstacles. Their experiences might be able to help us explore new possibilities for the preservation of our cultural heritage.\nThe UK and France have extremely effective and comprehensive legislation regarding the preservation of cultural heritage, which makes clear how the nearby environment of preserved sites should be managed and protected, as well as what the maintenance requirements and available tax deductions of these sites are. The state provides property owners of these preserved sites with financial aid and other assistance, and also harshly punishes those in violation of preservation laws. The public benefit of preserving a cultural heritage site is carefully weighed against and balanced with the rights of property owners. For example, a property can only become a preserved site with the agreement of its owner, and if the state forcibly assigns preservation status to a property, the owner is entitled to monetary compensation and a fair amount of financial relief. The UK employs measures including Building Preservation Notices (BPN) and Certificates of Immunity (COI), which add stability to policy decisions and ensure that property owners do not suffer financial losses for a set period of time. The UK and France also put a heavy emphasis on maintaining and revitalizing their cultural heritage sites, not only providing owners of these sites with financial subsidies but also offering them the skilled labor needed to preserve these sites, so as to lessen the burden on property owners. Preserved cultural heritage sites are often included as part of a city`s urban planning, integrating these properties into the city`s culture, art, tourism, technology, marketing, etc. These efforts are able to revitalize historical buildings, not only granting them the appropriate care and preservation but also enhancing their added value. These effective preservation methods are an excellent guide for Taiwan`s own preservation efforts. By balancing the preservation of cultural heritage sites with individual property rights, and ensuring that sites are not just preserved but also revitalized, cultural heritage sites would remain relevant for generations to come.