都市更新政策變遷之研究 — 一個倡導聯盟架構的研究取向

城市的興衰如同世代的起承轉合，政策的變遷亦如是；都市更新是為延續城市生命的政策，以各先進國家美、日觀之，不論是擴張式的都市成長導致郊區化造成市中心衰敗，或是為了挽救泡沫經濟的振興政策，一座城市若不想荒蕪，必須與時俱進、隨著時代轉型；一個公共政策的推行，必然從產生、施行、遭遇困境，若非終止就必須要變遷，因時制宜，不斷賡續。早期我國以公辦為主，但成效不佳，為達到提振經濟的目的，將之列為重大經濟政策;為加速推動，修改法令放寬限制，運用獎勵政策鼓勵民間實施者參與，但凡政策有受益者，亦有受害者，過度寬鬆的法規限制，終究導致文林苑事件的發生。本文主要分為三大部分進行探討：一、我國都更法規制度之現況與困境。二、倡導聯盟架構理論( Advocacy Coalition Framework, ACF)之分析。三、運用文林苑都更案與九二一震災重建個案套用倡導聯盟架構之適用性。研究結果發現，都市更新條例立法理由為將其視為國家重大經濟政策，與都更條例第一條立法意旨為「促進公共利益」目的不同，在單一個案中易產生相互矛盾，且運用倡導聯盟架構發現，同一倡導聯盟的成員雖由近似信念組成，然而面對不同爭議的意見分歧，也是造成該聯盟失敗的原因。研究建議，除現行都更制度能參考他國成功制度外，政府應有的態度與角色才是主導更新制度成敗最關鍵的角色，公部門應能統一公共政策見解，並將人權保障納入公益考量，期許都市更新制度能更加完善。

關鍵字

都市更新；文林苑；政策倡導聯盟架構；政策掮客；政策導向學習

並列摘要

The rise and fall of a city is similar to the transformation of different generations; so is the change of policies, too. Urban renewal is for the purpose of continuation of a city's life, and judging from the experience of advanced countries such as the United States and Japan, whether an expansive urbanization policy which may lead to suburbanization and the downfall of the center of a city, or a revitalization policy to rescue a bubble economy, a city must advance and transform with the times if it does not want to become barren. A public policy will experience the phases of establishment, implementation and encounter of difficulties. If not to be terminated, it must continue changing with the times. In the early days, urban renewal of our country was mainly dominated by the public sector, but it was ineffective. In order to achieve the purpose of boosting the economy, it was listed as a major economic policy, and to speed up the promotion, the law was amended and the restrictions were relaxed to encourage the private sector to participate through incentive policies. However, as there are beneficiaries of the policy, there are victims. Excessively loosened regulatory restrictions eventually led to the occurrence of the Wenlin-Yuan incident. The exploration of this article is divided into three parts: first, the current legal system in our country and its predicament; second, the applicability of the Advocacy Coalition Framework; third, the application of the theory to the Wenlin-Yuan urban renewal case for an analysis. Research finds that the reason for the establishment of the Urban Renewal Ordinance is that it is regarded as a major national economic policy, which is different from the legislative purpose of Article 1 of the Ordinance of "promoting public interest", and it is easy for them to contradict each other in a single case. In addition, it is found from the Advocacy Coalition Framework that although the advocacy coalition is composed of members with similar beliefs, their divergent views when facing different issues are also the cause of the failure of the alliance. Research recommends that in addition to referring to successful cases in other countries for the existing system, the critical success factor of urban renewal is that the government should have the attitude and role but does not act. The public sector should be able to unify the interpretation of public policies, and take human rights protection into public welfare consideration in order to make the urban renewal policy perfect