The Review and Development on Law of Urban Renewal

• Main Authors: WU,YING-HAO, 吳英豪
• Other Authors: WU,KUANG-PING
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/da32gf

碩士 === 開南大學 === 人文社會學院法律碩士在職專班 === 107 === Previous research about Wenlin Yuan event in Taipei that discussed Urban Renewal Act, and strong earthquakes in Hualien that re-emerged the earthquake-resistant concerns of unsafe and old buildings in the country. As a result, Ministry of the Interior has been promoting the Statute for Expediting Reconstruction of Urban Unsafe and Old Buildings(referred to as Statute of urban unsafe and old buildings) and amendment of Urban Renewal Act. At the current stage, the urban renewal progress is slow. The core issue is that the benefit distribution of the urban renewal projects is unresolved. Therefore, the government amends the law. Financial Institutions are introduced to Urban renewal projects in order to establish financial planning mechanisms, etc. So, appraisal and benefit distribution are more transparent. Although the government has completed the amendment of the Act, the proportion of consent is greatly increased. Besides, it is mandatory to hold a hearing if there is dispute. However, the system of government demolition is added to the amendment this time. It is the work effectiveness of the system to determine and review if the Act need to be amended again or not. For example, whether the local government be able to face the resistance of the residents and forcibly demolish in accordance with the amendment. The main purpose of the study is to discuss if the Urban Renewal Act needs to be amended again to achieve the result. Therefore, this study discussed the future development of urban renewal. The study takes qualitative research and mainly discusses the current situation and future development of Urban renewal on the concept of legal system. The focal points are divided into three parts: 1. Current situation, current problems and amendment direction of Urban renewal. 2. Current situation, current problems and amendment direction of Statute for Expediting Reconstruction of Urban Unsafe and Old Buildings. 3. Local regulations for urban renewal in municipality. Provide with suggestion for Urban renewal amendment of Taoyuan City in accordance with the amendment. Last, the study discusses the encountered problems for Urban renewal from the technical aspect. Analyze and proposes relevant conclusions and recommendations from the six aspects which are the problems of the consent proportion, the renewal unit area, the land ownership system, the illegal structures demolition system, the government demolition system, and the related rights holders (landlords, builders, implementers).