社會福利設施之鄰避紛爭處理方法－兼介紹日本鄰避設施之居民合意形成程序

Abstract

過去以來，當地居民反對公私立社會福利機構或設施之設置營運，進而衍生抗爭，並引發社會關注之事件，在臺灣社會並非少見。按社會福利設施之設置營運未必然地附隨或升高生活環境惡化風險，若細究促成鄰避現象之原因，可發現說其間存有不同的利益衝突一事或僅是假設。本文在於分析國內社會福利設施鄰避紛爭中利益衝突之對峙實態，檢討現行鄰避紛爭處理制度及其以克服居民抵抗為目的之侷限後，擬從多元利益並存及事前解決紛爭的觀點切入，就鄰避紛爭中諸利害衝突如何進行事前處理一事，著眼於設置或營運開始前由多方當事人共同參與程序之可能，在討論此際居民合意形成之可行性及其程序建制之餘，嘗試指出由多方當事人共同參與法秩序形成此一對話空間的制度化方向，兼佐以日本法制為例。Over the past years, it's not a rare occurrence where we see protests arose from opposing the building and operation of social-welfare facilities or institutions by the residents in their neighborhood. These protests have gained attention from the general publics in Taiwan. It's not necessarily true that building and operation of social-welfare facilities caused negative impact on the surrounding neighborhood. In fact, if we look closely into the reasons of opposing NIMBY, we would find that most reasons were based on presumptions and conflicts of interested among the neighbors. First of all, This article will start by analyzing the situation with the conflicting interests for domestic social-welfare facility NIMBY. Since the goal is to resolve the opposition from neighboring residents, we will then review the steps taken to resolve the conflicts of NIMBY and their limitations under the current legal system. Lastly, we will attempt to apply the perspective view that is for the interests of all parties and find ways to resolve conflicts before disputes take place. We would like to focus on the possibility of getting public's participation in consensus building before setting up and running the social-welfare facilities. As we discuss the procedures of consensus building with local residents and its development in Japan. We try to point out the direction of open dialogue system that is to invite all the parties to participate the formation of legal order.