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題 名 | 休閒農業設施適用法規體系之研究=A Study of the Research System of the Regulation on the Leisure Facilities of Agriculture |
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作 者 | 張宏維; 賴光邦; | 書刊名 | 農業經營管理 |
卷 期 | 8 2002.12[民91.12] |
頁 次 | 頁66-99 |
分類號 | 431.2 |
關鍵詞 | 休閒農業; 休閒農業設施; 法規; Leisure of agriculture; Leisure facilities of agriculture; Regulations; |
語 文 | 中文(Chinese) |
中文摘要 | 因應農業轉型,國人日漸重視休閒生活趨勢,利用農業資源結合「農業生產、農村生活、生態保育」之理念,以發展休閒農業。八十九年一月四日「農業發展條例」第五次修正,賦予輔導、發展休閒農業之法源依據,依「休閒農業輔導管理辦法」原已存續經營申請專案輔導、或新設立之休閒農場數量及規模日趨增加,經營類型與型態日趨多樣。由於休閒農業之推廣,受制龐雜法規、主管機關行政權責規定,申請休閒農場設立過程中,須經冗長審議、許可程序,致使,在農業轉型階段中削減產業競爭力。休閒農業設施為休閒農業推廣與休閒農場規劃之要素,本文之提出,係以建構休閒農業設施現階適用法規體系為目的。休閒農業設施因涉所需之用地、設施營建、生態保育、安全防護等情事及設立申請等行政程序,僅有條文內容上不足以蓋括,適用法規散見各特別法規體系,於推廣休閒農業、輔導合法設置休閒農場之際,法規適用與競合現象顯著,法規適用之情事,急待釐清。主要課題界定休閒農業設施之構成與要件,適用法規之分類與對應,以及建立法規體系比較。對於日後進行休閒農業、休閒農業設施法規適用性,提供重要基礎研究架構,作為:(1)提供主管機關於執行休閒農場專案輔導實施方案中,針對既存現象階段性輔導設立之參考;(2)釐清現行農業及相關法規中有關休閒農業設施之規定事項、規範不足、規範重疊等情事,以提供日後制定特別法、修訂相關規定過程之參考。 |
英文摘要 | Because of the transferring style of the agriculture, the people of our country gradually emphasized their living on the trend of the leisure lifestyle, utilized the concept of integrating the agriculture resource of “the agriculture production, the life of the rural village, the ecological welfare”, to develop the leisure of agriculture. According to the number five amendment of “the ordinance of the agriculture development” on January 4th of 2000, providing counseling and the development of the leisure of agriculture in accordance with the cause of the law, according to “the method of the leisure of agriculture counseling management”, the filing of the special counseling cases have already been saved and continue their operation, or as the amount and the scale of the newly establishment of the leisure farm is increasing by days, the type of management and styles are also very by days. Because the promotion of the leisure of agriculture is restricted by the complexity of the regulation, the main government administrative organization authorized the regulation that during the applying process of establishing the leisure farm, the applicant must go through the copious discussion, the process of obtaining approval, than to lead into the cut down of the competitive industry of the agriculture during the transitional period of the transferring of the style. Our article has mentioned, relating to the excavation and the clearing of the site of the leisure of agriculture operation must abide by the regulation of the suitable usage as the objective. The development and the promotion of the leisure of agriculture, because of the involvement of the land to be used, the construction of the facilities, the operation, the ecological welfare, the safety protection, and the establishment of the application of administrative procedure, only constitutes the content of the ordinance, which is insufficient in its inclusion. The appropriate use of regulation is to be seen at scattered places of the different special regulation system, which at promoting the leisure of agriculture, to counsel the lawful establishment of the leisure farm, the suitable use of the regulation and the noticeable phenomenon of the competition, along with the condition of the regulation suitable for usage, which is to be urgently waited for clarification. The main subject matter set the boundary for the action of the development and the restriction for the leisure facilities of agriculture, proceeding with the analysis and the comparison of the involvement of the regulation suitable for usage. The period during the establishment of the leisure facilities of agriculture in applying for the approval of the relationship of the authority and duty, is to provide as reference for the main government organization in executing cases of counseling the special cases of the leisure farm, and for the existing phenomenon and the regulation suitable for the various stages of counseling. |
本系統中英文摘要資訊取自各篇刊載內容。