Regulations Concerning Public Nuisance Prevention Agreements to be Amended
「Regulations Concerning Public Nuisance Prevention Agreements to be Amended」於資料集「Environmental Policy Monthly」由單位「行政院環境保護署」的楊先生所提供，聯繫電話是(02)23117722#2217,(02)23117722#2216，最近更新時間為：2022-01-15 01:13:03。 欄位編號的內容是87 ， 欄位標題的內容是Regulations Concerning Public Nuisance Prevention Agreements to be Amended ， 欄位摘要的內容是Supervision Evaluation & Dispute Resolution On November 5 amendments to the Public Dispute Settlement Act passed the first of three readings in the Legislative Yuan. The EPA indicated that since the act was promulgated and implemented in February 1992, insufficient experience ， 欄位全文的內容是Supervision Evaluation & Dispute Resolution On November 5 amendments to the Public Dispute Settlement Act passed the first of three readings in the Legislative Yuan. The EPA indicated that since the act was promulgated and implemented in February 1992, insufficient experience during its formulation prevented it from being complete despite the fact that institutions at various levels for the handling of public disputes had already been set up. Furthermore, societal changes in recent years and the diversity of public disputes have already rendered the law inadequate. The EPA thus drafted an amendment to the Public Dispute Settlement Act that took into consideration the law, public sentiment, and the legal precedents of more advanced nations and, via the Executive Yuan, submitted it to the Legislative Yuan.In terms of the composition of the public dispute settlement committee, legislators observed that government officials comprised the majority of positions. In order raise the committee's image as being fairer and more professional, legislators recommended that academics and other impartial individuals be more strongly represented. Therefore, the relevant article in the act will be amended to stipulate that no less than two thirds of all committee members are comprised of academics and other impartial individuals.Amendments to the Act also address the concept of public nuisance prevention agreements. These agreements typically take the form of contracts between a potential source of public injury, such as a manufacturing site, and either a representative of the residents of a given area or, as under Taiwan's Public Dispute Settlement Act, the residents themselves.In Taiwan, most businesses are unwilling to sign such contracts. According to the EPA, this is due to the difficulty of clearly defining who "residents" are. Therefore, after observing related systems in Japan, the EPA proposed that public nuisance prevention agreements be signed between industry and local government. If an agreement is not complied with after being notarized by the courts, the claimant can bypass the settlement process to obtain compulsory compliance.Legislators, however, feel that only residents are the injured parties of public injury disputes and, as such, should remain as a party to public injury prevention agreements. Therefore, the relevant article will be amended to stipulate that public injury prevention agreements can be signed between industry and the residents of a given area and, if necessary, can be signed between industry and local governments.The remaining articles in the EPA's version of the amendment were approved by the Domestic Affairs Committee of the Legislative Yuan and include: 1) the simplification of regulations related to agreements made during the decision process; 2) the addition of regulations related to financial sequestration requirements; 3) extending from 14 to 20 the number of days a plaintiff has, in the case of early settlement, to withdraw a suit from the courts; 4) the addition of regulations related to automatic withdrawal of a case from the courts should an early settlement be reached; 5) the establishment of regulations requiring the provincial and county governments to set up emergency public dispute management teams.The EPA indicated that regulations regarding the signing of public injury agreements between industry and local government were included in the articles which recently passed the first reading in the Legislative Yuan. The EPA is already well prepared with a model public injury prevention agreement and, following the passage of the amendment to the Public Dispute Management Act, it is hoped that the signing of agreements between industry and the general public or local governments will work to prevent public injury disputes from occurring. ， 欄位年度的內容是1998 ， 欄位月份的內容是7 ， 欄位卷的內容是1 ， 欄位期的內容是7 ， 欄位順序的內容是1 ， 欄位倒序的內容是2 ， 欄位分類的內容是Supervision Evaluation & Dispute Resolution ， 欄位標題2的內容是Regulations Concerning Public Nuisance Prevention Agreements to be Amended ， 欄位檔案位置的內容是print/V1/V1-07 。
編號
87
標題
Regulations Concerning Public Nuisance Prevention Agreements to be Amended
摘要
Supervision Evaluation & Dispute Resolution On November 5 amendments to the Public Dispute Settlement Act passed the first of three readings in the Legislative Yuan. The EPA indicated that since the act was promulgated and implemented in February 1992, insufficient experience
全文
Supervision Evaluation & Dispute Resolution On November 5 amendments to the Public Dispute Settlement Act passed the first of three readings in the Legislative Yuan. The EPA indicated that since the act was promulgated and implemented in February 1992, insufficient experience during its formulation prevented it from being complete despite the fact that institutions at various levels for the handling of public disputes had already been set up. Furthermore, societal changes in recent years and the diversity of public disputes have already rendered the law inadequate. The EPA thus drafted an amendment to the Public Dispute Settlement Act that took into consideration the law, public sentiment, and the legal precedents of more advanced nations and, via the Executive Yuan, submitted it to the Legislative Yuan.In terms of the composition of the public dispute settlement committee, legislators observed that government officials comprised the majority of positions. In order raise the committee's image as being fairer and more professional, legislators recommended that academics and other impartial individuals be more strongly represented. Therefore, the relevant article in the act will be amended to stipulate that no less than two thirds of all committee members are comprised of academics and other impartial individuals.Amendments to the Act also address the concept of public nuisance prevention agreements. These agreements typically take the form of contracts between a potential source of public injury, such as a manufacturing site, and either a representative of the residents of a given area or, as under Taiwan's Public Dispute Settlement Act, the residents themselves.In Taiwan, most businesses are unwilling to sign such contracts. According to the EPA, this is due to the difficulty of clearly defining who "residents" are. Therefore, after observing related systems in Japan, the EPA proposed that public nuisance prevention agreements be signed between industry and local government. If an agreement is not complied with after being notarized by the courts, the claimant can bypass the settlement process to obtain compulsory compliance.Legislators, however, feel that only residents are the injured parties of public injury disputes and, as such, should remain as a party to public injury prevention agreements. Therefore, the relevant article will be amended to stipulate that public injury prevention agreements can be signed between industry and the residents of a given area and, if necessary, can be signed between industry and local governments.The remaining articles in the EPA's version of the amendment were approved by the Domestic Affairs Committee of the Legislative Yuan and include: 1) the simplification of regulations related to agreements made during the decision process; 2) the addition of regulations related to financial sequestration requirements; 3) extending from 14 to 20 the number of days a plaintiff has, in the case of early settlement, to withdraw a suit from the courts; 4) the addition of regulations related to automatic withdrawal of a case from the courts should an early settlement be reached; 5) the establishment of regulations requiring the provincial and county governments to set up emergency public dispute management teams.The EPA indicated that regulations regarding the signing of public injury agreements between industry and local government were included in the articles which recently passed the first reading in the Legislative Yuan. The EPA is already well prepared with a model public injury prevention agreement and, following the passage of the amendment to the Public Dispute Management Act, it is hoped that the signing of agreements between industry and the general public or local governments will work to prevent public injury disputes from occurring.
年度
1998
月份
7
卷
1
期
7
順序
1
倒序
2
分類
Supervision Evaluation & Dispute Resolution
標題2
Regulations Concerning Public Nuisance Prevention Agreements to be Amended
檔案位置
print/V1/V1-07
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