| 摘要: | 本文從正當法律程序之層面出發佐以經濟學上之賽局理論，探討聽證與公聽會於立法上運用之相關問題，並以環境影響評估法與都市更新條例為驗證。本為以立法上預算之考量為法律程序面之探討，並設一計算式將立法上之成本考量作簡單之計算，並做出該立法係應舉行聽證或應舉行公聽會。
本文於聽證會與公聽會個舉一個案例，試行算式計算立法上之成本運作。於聽證會以都市更新案件中之文林苑都市更新案為例；於公聽會以環境影響評估案件中之美麗灣環境影響評估案為例，計算其於立法上之成本與利益，並作出該法案應係以何種行政程序舉行。
This paper discusses the issues related to the legislative application of hearings and public hearings from the aspect of due process of law as well as the game theory in economics, and uses Environmental Impact Assessment Act and Urban Renewal Regulation as the verification. This paper explores the process of law aspect with the legal budget taken into consideration, and sets up a formula for a simple calculation of the legislation cost consideration to decide whether a hearing or a public hearing should be held for the legislation.
This paper quotes a case of hearing and public hearing respectively, and tries to use the formula to calculate the corresponding legislation cost. The Wenlin Garden urban renewal case is quoted for hearing, and the Mirarmar Resort environmental impact assessment case is quoted for public hearing. The legislation costs and benefits are calculated respectively, and a decision is then made regarding which administrative procedure should be adopted. |
