| 摘要: | 國有不動產是國家重要資源，近年來，政府為了增加財源的籌措及帶動經濟的發展，積極地運用國有土地進行開發利用。政策上，民國79年以前國有土地之處理以標售為主，結果卻引發各界批評，認為是助漲房地產飆漲的幫兇。其後，政府宣布停止標售大面積及大台北都會區國有土地，將政策轉向篩選閒置或低度利用之國有土地進行活化工作，業務從租、售轉型到開發利用，以結合目的事業主管機關合作開發或委託改良利用國有土地、設定地上權、參與都市更新、釋出土地權利等與民間合作開發的方式，希望能謀求國有土地利用效率及公義之平衡。由於此議題經過長時期討論，然實際上仍未能有效解決當前政府財政困境，本研究乃嚐試檢視目前臺灣國有土地活化的作法，就當前實務上面臨的問題進行分析，並以調查局國有不動產活化之策略做探討，透過案例討論與實證研究提出合理之建議，所得結論有四：一、政府可調整或增定法規，對提供或完成國有不動產活化之機關，提供一定比例之回饋額度作為該機關建設或維修經費，有效促進國有不動產活化意願。二、政府可成立專責規劃執行國有不動產活化之機關。三、現行都市更新制度具改善空間。四、調整決策方向之判斷機制。綜合結論與建議，國有不動產活化策略不應仍是流於枝微末節之討論，主政者有責任將國家帶往正確的方向，從政策方向尋求變革，修訂法令成立專責活化機關，授予全面規劃執行國有不動產活化之權責。國有不動產活化責任不必再轉嫁給各行政機關，不論都更或其他活化作為都交由專業專責人員負責規劃及執行，各行政機關也能藉由合理之回饋機制積極配合活化作為，整體而言，國有不動產活化策略唯有制度調整才能根本解決目前所有問題。
State-owned real estate is an important national resource. In recent years, in order to increase the mobilization of financial sources and boost economic development, the government has actively promoted the development and utilization of state-owned land. In terms of policy, prior to 1990, state-owned land disposal was done through tenders, but it gave rise to criticism that tenders to be an accomplice that fueled the soaring house prices. Later on, the government announced a freeze on the tender of large-scale areas and state-owned land in the Taipei metropolitan area. The policy took a turn, focused on the screening of idle or low-utilization state-owned land for activation. The business scope therefore shifted from lease and sale to development and utilization, combined with the industry competent authority’s cooperative engagement in the development or entrusted improvement and utilization of state-owned land, superficies setting, participation in urban renewal, release of land rights, and other development approaches through cooperation with the private sector, with hopes of seeking state-owned land utilization efficiency and serving justice. Since this issue has been long discussed, but has failed to effectively resolve the government’s current financial plight in practice, this paper attempted to examine the current state-owned land activation practices in Taiwan and analyze practical problems faced. In addition, the Investigation Bureau’s strategy for state-owned real estate activation was explored. Through case discussion and empirical study, reasonable recommendations were proposed, and four conclusions were drawn: 1. The government may adjust or legislate additional regulations governing the provision of a certain ratio of reserved amount to cover the construction or maintenance expenses of agencies who provide and complete state-owned real estate activation, thereby effectively promoting their willingness to engage in state-owned real estate activation; 2. The government may establish dedicated agencies for the planning and execution of state-owned real estate activation; 3. The existing urban renewal system has room for improvement; 4. The mechanism for determining the decision-making direction is subject to adjustment. In summary of the conclusions and recommendations, the state-owned real estate activation strategy shall not be focused on discussions of details, as those in power have a responsibility to lead the country towards the right direction, seek policy-oriented change, amend the regulations to establish dedicated agencies engaged in activation, and authorize the comprehensive planning and execution of state-owned real estate activation. This way, the responsibility of activating state-owned real estate will no longer fall on the shoulders of administrative agencies, as urban renewal or other activation practices will be planned and executed by professional dedicated persons. This way, administrative agencies will also be able to cooperate in the activation practices through a reasonable feedback mechanism. Overall, it is only by systematically adjusting the state-owned real estate activation strategy can the current problems be fundamentally solved. |
