| 摘要: | 休閒農業輔導管理辦法自發佈十年以來，期間由於社會、經濟狀況變遷，輔導管理辦法過程亦遭遇各種發展難題，有人認為是因法令位階不足，無法超越其他相關法令所影響。因此本研究即以提升休閒農業法律位階可能性為主；惟政府部門各司其職，統合法令有無可能，在在均值得斟酌。
本研究透過探究國內外理論及國內文獻，並蒐集休閒農業區與休閒農場現行申請之概況，以期獲得彙整休閒農業現階段遭遇之課題並研擬因應對策；探究日本綠色旅遊並將其成功案例作為台灣休閒農業之參照；分析休閒農業輔導管理辦法是否有提升法律位階之可能性及必要性並建議未來休閒農業修改之方向與意見。
於探討相關特別法時，營建署能時常因應計畫所需而自許於一般土地利用法律時多能制定特別法如國家公園法、都市更新法等，致使突破其他法律限制，但對其他單位之要求卻鮮少回應；台灣因制度問題，造成農業用地管理權責遊蕩於農委會與內政部間，致執行農業相關政策時，時常因牴觸其他單位之規範而無法使計畫如預期發展。
本研究探究國內其他單位制定特別法后計有六大原則以之作為分析休閒農業提升其法律位階之必要性及可能性；我國農業主管機關近年來所頒布之農業相關政策，雖本意為因應國際化並試圖推廣精緻農業及休閒農業，但推廣內容過於空洞且不確實，故實質而言並不可行；現階段休閒農業所遭遇之課題，雖部分問題急需解決，但經本研究探究后，發現皆可透過修改其行政命令及會同其他主管機關協助辦理，種種問題實質來看，並不需設置特別法以突破現行法規之需要；經訪談專家學者，發現其建議休閒農業應增加之規範與內容，雖有其必要提升法律位階，但因其所提之意見只涉及概況及方向，並未對其具體內容深入探究及描述，故本研究無法直接斷定此部分意見需突破其他法規之必要；日本綠色旅遊政策及其法規，瞭解日本制度上將其主管機關與目的事業機關權責及管轄權力徹底分離，故於執行農業相關政策時或懲處農業用地不當使用時，皆按照農業主管機關(農林水產省)來進行管理，故日本雖地狹人稠，但農業主管機關推廣其農業政策時，執行時卻不會遭受建管機關之干涉，始可貫徹其農業之發展。
After being promulgated ten year ago, various development difficulties occurred in the Regulation For Guidance and Management of Recreational Agriculture due to ever-changing social and economic status. Some assume that such difficulties result from that this act can’t govern other relevant laws and acts. Therefore, the possibility of raising the governing superiority of this act is the major research point. However, the mutual overlapping and conflicts of all competent authorities does pose a huge difficulty for uniting all relevant governing laws and acts.
It has been conducted reviews on both domestic and foreign theories and domestic reference documents and collection of current application status of recreational agricultural zone and recreational farm as to summarize the difficulties of current recreational agricultural development and to devise counteracting solution policies. It also has studied the Green Tourism of Japan in this research and its success has been recommended as an exemplar for Taiwan recreational agriculture. It also has explored the possibility and justification of raising the governing superiority of Regulation For Guidance and Management of Recreational Agriculture and submitted suggestions and proposals for amending recreation agriculture development in the future.
The study on relevant special regulation acts in this research has indicated that the Construction & Planning Agency (Ministry of the Interior) has been pretty actively in enacting some special acts that surpass the jurisdiction limits of current other laws and acts, such as National Park Act, Urban Renewal Act, to supplement the insufficient of general land usage acts and laws and to meet the requirements of the development of some projects but has been impassively responded to the requests of other governing institutes. The law enactment system results in discrepancy for jurisdiction of agricultural land management between Council of Agriculture and the Ministry of the Interior. Subsequently, as the execution of relevant agricultural policies often conflict with the regulations of other competent authorities, the projects can’t be developed as expected usually.
In this research, it has been submitted six major principles for analyzing the necessity and possibility of governing superiority of the Regulation For Guidance and Management of Recreational Agriculture after some other competent authorities have enacted relevant special regulation acts. Although, the relevant agricultural policies promulgated by the agricultural competent authorities in recent years have been intended to counteract internationalization and to promote high-value added agriculture and recreational agriculture, those polices have usually ended up with low feasibility due to impractical and unfeasibility promotion contents. Although it has been detected that some problems of current recreational agriculture shall be solved urgently, those problems can all be settled by joint administration with other competent authorities and amendment of their administration orders. It is enacting some special regulating acts to supplement the insufficient of current laws and acts are unnecessary for solving those problems, in reality. The interviews with experts and scholars indicate that they suggest the regulation ranges and contents of recreational agriculture shall be broadened and the governing superiority of the said regulation shall be raised. However, as their suggestions involve with only brief directions and developments without complete research and description and specific contents, therefore, it can’t be judged that those experts’ and scholars’ suggestions justify surpassing other regulating acts and laws. It has been realized from this research that as there is a complete division among the competent authorities and the responsibilities of the regulated institute and jurisdiction in the policies and acts of Green Tourism of Japan, the execution of relevant agricultural policies and punishment on illegal agricultural land usage shall all be governed by the agricultural competent authorities (Ministry of Agriculture, Forestry and Fishery, Japan). Such a system in Japan has led to that the promotion and execution of agricultural policies of agricultural competent authorities has never collided with competent authorities of construction as to implement the agricultural development in unity. |
