| Summary: | 碩士 === 逢甲大學 === 土地管理所 === 91 === Abstract
This thesis was based on the protection of environmental rights to investigate the shortage of law system on current land utilization in Taiwan, and the application of the environmental interests derived from the rights of landscape viewing to examine the issues of landscape protection, environmental values, protection of the right of land properties and so on when the Sun Moon Lake National scenic area involved buildings constructed along its lake shore areas.
There is generally a lack of environment protection concepts in the law system of land utilizations in our country. The main purpose of this study was to discuss on the issue of the relationship between land utilization and the environmental rights. Therefore, this study has used the theories of the environmental rights as the central framework to derive their the nature, concepts and rationality on the basis of 「fundamental human rights」. In addition, the environmental right theories were applied to examine some questions related to land utilizations and to verify the lakeshore landscape as a legal issue of the environmental rights.
The lakeshore landscape around the Sun Moon Lake is the major landscape element for being a National Scenic Area. The development history of this area has been changing gradually from a life-maintenance oriented land utilization in the early years to an economic-oriented with a lack of environment protection in the recent years. The use of lakeshore for hotel development would consequently lead to a negative influence on the overall landscape aesthetics and lake ecosystem as well. This condition is in fact not congruent with the mainstream thoughts of the environment protection nowadays. By the verification of this thesis on the issue of the「rights of landscape viewing」, it is hopefully to derive a conclusion of human’s deserved environmental interests and thereafter to revise some inappropriate land utilization types for the sake of the sustainable use of the landscape resources at the Sun Moon Lake shore areas.
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