Taipei Society - 澄社

公共利益,我們一起定義!

徐世榮 政治大學地政學系教授

北市府實施都市更新,在暴力強拆王家之後,引發龐大批評;同時刻,土地徵收及市地重劃也爆發多起激烈抗爭。我們社會應當認真思考這些爭議的核心課題:公共利益該如何界定?

公共利益是抽象詞彙及法律不確定概念,其體現必須經由嚴謹的行政程序,在資訊公開及民眾公平參與的情況下,共同來形塑;也就是說,公共利益是經由公平公開的參與、溝通及討論,最後所獲得的共識之謂。為了捕捉公共利益,先進民主國家大多已拋棄過往由少數學者專家來獨斷的傳統方式,而是積極鼓勵民眾參與,在尊重不同的知識體系(如地方及傳統知識)、多元的價值選擇(如土地是家),來正當化及合理化公共利益。

惟,我國已習於威權統治,政府及其聯盟牢牢掌握公共利益的詮釋權,非常缺乏對於計畫形成過程的關注,這個情況並未因解嚴而有根本變革。長久以來,為了追求經濟成長及增進效率,政府往往便宜行事,隨意訂定興辦事業計畫(如國科會中科四期)、都市計畫(如花蓮吉安)、土地徵收計畫(如苗栗大埔、新竹璞玉及二重埔)、市地重劃計畫(如台中南屯天主堂)、都更計畫(如文林苑)等。制度上,甚少有民眾參與的機會,縱然是有,也僅是為了滿足「跑程序」的形式要件而已,相當缺乏實質意義。

多年前,我國在制訂《行政程序法》時,原本欲師法德國法制,將「計畫確定程序」納入,惟後來政府基於「行政體制及行政文化差距甚大」理由,將大多數條文刪除,僅保留163及164條。法務部後來雖曾擬定相關草案,但是政府及其聯盟仍不願意將權力釋出,這使得民眾參與至今依舊只是個口號。當民眾無法參與,憲法所保障權利遭受侵奪,自然被迫走上街頭,透過抗爭來陳述其所受的冤屈與不平。

因此,將計畫確定程序納入相關法規,讓相關利害關係人都能夠參與,經由聽證程序來共同形塑公共利益,應該是當務之急。

http://www.libertytimes.com.tw/2012/new/apr/13/today-o10.htm

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Do not take LEVITRA if you:

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Using this medicine does not protect you or your partner against HIV infection (the virus that causes AIDS) or other sexually transmitted diseases. What side effects may I notice from this medicine? Side effects that you should report to your doctor or health care professional as soon as possible: allergic reactions like skin rash, itching or hives, swelling of the face, lips, or tongue breathing problems changes in hearing changes in vision, blurred vision, trouble telling blue from green color chest pain fast, irregular heartbeat men: prolonged or painful erection (lasting more than 4 hours) seizures Side effects that usually do not require medical attention (report to your doctor or health care professional if they continue or are bothersome): diarrhea flushing headache indigestion stuffy or runny nose This list may not describe all possible side effects read more

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