區段徵收,乃國家藉由公權力的手段,以公共利益為立基點,強制取得一定範圍內之土地而為之行政處分,其處分影響到憲法基本權中的財產權,使人民之財產權受到侵害,而形成的特別犧牲。但其行政處分之程序,法律雖有規定,然其程序內容仍明顯不足,亟需探討。 近年來主管機關執行區段徵收計畫時,屢遭地方居民強烈反彈,抗爭衝突之場面不斷上演,歸根究底皆係缺乏完善的民眾參與制度。民眾參與著重在給予人民表達意見,為落實有效的參與,資訊公開及聽證參與制度尤為重要。 本研究於是以財產權為出發點,探討財產權之意義及內涵,說明財產權可以因為公益之需而受限制,但同時亦須符合比例原則,並以區段徵收制度為中心,論述其民眾參與之相關規定,另歸納區段徵收法制變遷及借鏡國外現行規定以為參考,且以目前進行中我國最大區段徵收「桃園航空城建設計畫案」為例,剖析其實務爭議,並納入全區聽證之民眾參與制度以為解決,提出相關結論。
Zone expropriation, is the country within a certain range to obtain land and whom administrative sanctions, such actions affect the basic constitutional rights of the property, so that the people's property rights are violated, especially at the expense of the formation. but it is still significantly less than the program content, worth knowing. In recent years, when zone expropriation, plannings were executed by administrative authority, the local residents opposed intensely, therefore lead to frequent protests and conflicts. The fundamental reason is lack of adequate public participation. The significance of public participation is providing citizen with a channel of communication to express their opinions. In order to make public participation effectively, disclosure of information and system of participation hearing are important. In this study, then the Property as a starting point to explore the meaning and connotation of property rights, property rights can be explained because of the need of public interest and restricted, but they should also comply with the principle of proportionality, and the center section of the collection system, discuss the relevant provisions of its citizens to participate in the another induction zone expropriation Legal Changes and reference the existing provisions that refer abroad and carried out in the current section of the country's largest collection of "Taoyuan Aerotropolis Construction Project case", for example, analyze its substantive dispute, and included the hearing of the region public participation system that resolve, make relevant conclusions.