| Summary: | 碩士 === 國立臺北大學 === 公共行政暨政策學系 === 98 === The 4th Amendment of the Agricultural Development Act (ADA) was promulgated by the Presidential Decree on January 26, 2000, with the agricultural policy adjusted from “the right to own and use farmland being limited to the farmer” to “the release of the restriction on farmland transferee and realization of the substantial farmland uses.” Any natural person can purchase, gift or inherit the farmland, but the farmland must be used as agricultural purpose. The construction conditions for some farmhouses are divided into: (1) on agricultural land acquired before the amendment (commonly called “old agricultural land”; (2) on the agricultural land acquired after the amendment (commonly called “new agricultural land”. Due to relaxing regulations on old agricultural land and strict regulations on new agricultural land, both kinds of the land differ greatly in regulation, causing distortions in the aspect of farmhouse construction. As there are construction acts in the forms of “cooperative construction”and “small farmhouse” to evade these strict regulations, the strict regulation conditions, adopted by the original policy to restrict farmhouse construction on the new agricultural land for opening free farmland trading, have completely malfunctioned. Although aiming to protect the rights and interests of the “old agricultural land” owner, the original policy, in fact, becomes the primary cause of the inundant farmhouse construction on old agricultural land.
Since the amendment on the ADA in 2000, four amendments have been made in 10 years. However, because there is still no any regulatory measure being taken to control the farmhouse construction on agricultural land, the land has been wasted. Additionally, as the “cooperative construction” and “small farmhouse” have become the main trading methods in the market, if still no suitable regulatory measures now, damages to the land will last forever. Taking the Dayin Section in Sanshing Village of Yilan County as an example, this research aims to investigate the situation of the regulation failure after the amendment on the ADA, and by the in-depth interviews with the regulators and the regulated persons, to know and analyze the reasons of regulation failure and to complete the research topic on regulatory reform. This research obtains the following suggestive conclusions:
1、Land value tax shall be imposed on the farmhouse bases.
2、Transferred period shall be regulated for the farmhouses built on the agricultural land acquired before the amendment (old agricultural land).
3、Deregulation shall be done for the farmhouses built on the agricultural land acquired after the amendment (new agricultural land): the area of the farmhouse shall be reduced and its transferred period shall be shorten.
4、The issue on “small farmhouse” will be the next main stream that can not be neglected. The area of the small farmhouse shall be minimum construction area.
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