英文摘要
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Central to the constitutional protection of human rights, dialogue between state administration and the people is an indispensable component of the due process of law. However, some questions, such as determining the cases of land development and utilization in which people should participate and the forms through which people should participate, remain unaddressed. The purpose of this study was to establish principles for determining the form of people participation in administrative procedures related to land development and utilization and to provide clearly defined principles for practical operation in future legislative policy-making and administrative agencies. First, administrations related to land development and utilization, including non-urban land development permits, land acquisition, and urban planning, were comprehensively reviewed periodically to analyze and summarize the features associated with people's participation. Second, the summarized administrative features were linked to people's need for participation, subsequently establishing principles for determining the form of people participation. Third, appropriate forms of people participation were determined according to the principle of proportionality. Finally, the principles were verified using the case of the Zhongke Development Project, fourth phase. The results suggested that concerning the fourth phase of the Zhongke Project, conceptually, a public hearing would be the most appropriate form of people participation; however, practically, the most appropriate form is permitting people to participate in internal meetings of the administrative agencies. In other words, the approval procedure for the fourth phases of the Zhongke Development Project did not provide any forms of people participation to allow interested parties to express their opinions, resulting in an enormous chasm between ideal and actual practice that represents a deviation from the meaning of the due process of law. Therefore, we recommend that competent authorities refer to the principles established in this study to review and design a form of people participation that conforms to the requirements of administrative procedures, thereby implementing the principles of the constitutional protection of human rights.
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