On the legal issues of the interim monument for the Cultural Heritage Preservation Act

• Main Authors: YANG, CHENG-KAI, 楊檉楷
• Other Authors: LIAW, CHIN-FU
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/4hkbz2

碩士 === 國立高雄第一科技大學 === 科技法律研究所碩士專班 === 106 === Cultural Heritage Preservation Act, Interim Monument Act, and other legal institutes have been revised through many times and years. These legal revisions all set up to follow the administrative procedure and consultation. However, the priceless cultural heritages and monuments located in the valuable sections of a city are intentionally demolished or torn down due to the economic development or real properties of interests. As the Cultural Heritage Preservation Act are enacted, the laws are really able to prohibit and stop cultural heritages and monument from being removed and demolished. If our government follows and abide to the administrative procedures by Constitution and such fundamental national policies as due procedure, law-based administration, legitimate organizations, legal judgement, resources effective allotment, it could be believable that people’s fundamental rights have been protected well. Based on the rule of law principles, our nation’s administrative acts and decisions comply with multicultural country; it helps with the establishment of cultural art, freedom of expression, management, encouragement and incentives, and the expanse of preservation with the consensus, to be sure they are well promoted. Through these references to both the administrative procedure and constitutions of the USA, Japan, England, Taiwan and Taiwan’s judicial judgements, the study finds it out that the regulations of Interim Monument Act could be applicable for the administrative procedure and consultation. When the government obeys these regulations and various administrative procedures, some administrative issues and problems could be settled and improved, and then these relative administrative procedures and constitution’s principles would be observed. At first , the study makes sure the methodology, the scope of the study; secondly, discuss multicultural country by constitution, cultural rights, cultural heritage preservation policies, the administrative procedure of applicability, other legal institutions such as Interim Monument Act and relative Preservation Acts. By summarizing scholars’ views and judicial archives, the author discusses and analyzes the legal system and institutions about the governmental payment of compensation, according to these regulations for the protection of the special status and privileges of a handful of people with vested interests that the rights should be protected by Constitution. Thus, it tries to clarify that regulations and administrative procedures are conflicted with issues and problems nowadays. Finally, from previous chapters , the author makes a conclusion and some subjections for the development of Cultural Heritage Preservation Act. keywords：Cultural Heritage Preservation、Interim Monument、due procedure、Interim administrative injunction、loss compensation