A Study on the Temporary Protection System of Rights -- Focus on the Environmental Protection Law

• Main Authors: Che-Min Lin, 林哲民
• Other Authors: 李惠宗教授
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/33396278055279643008

碩士 === 國立中興大學 === 法律學系碩士在職專班 === 105 === The approval of environmental impact assessment (EIA) for the Chising Site,Houli Park of Central Taiwan Science Park (CTSP) was the first case to be revoked by the Supreme Administrative Court, with development permit terminated and preliminary injunction in development. The judgement by the administrations that CTSP still delivering products during downtime has grabbed the society’s attention, which is in fact, aroused controversies. Therefore, according to the plaintiff’s statement, whether the environmental right belongs to fundamental rights, and whether that is its right of relief, and how the temporary legal right protection system related to environmental issues and laws works are discussed? How to avoid impact caused by the misjudgment and impairment of the rights? Because even the lawsuit was won, the harm caused is irreversible, just as the dialog says: “Justice delayed is justice denied” In addition, due to irreversibility of environmental impact by the development, it is suggested to pursue preventive litigation before the administrative penalty is imposed, in order to protect the environment and people’s health in advance. This research focuses on the temporary right protection system of the Environmental Protection Law, discussing the environmental rights as a part of natural rights from its rooted fundamental right systems. Furthermore, the nature of right of health deduced from environmental right will be studied to achieve a healthier environment by implementing the environmental law. Based on the reasons previously mentioned to fully assure the nature rights, including a complete temporary right protection system, capability of preventive litigation, as well as application of such strategies, conclusion and suggestions will be studied and discussed.