我國促進民間參與公共建設規劃主體差異之探討

Abstract

近年來，由公私協力方式推動各項公共建設，成為國際趨勢，我 國亦然。我國「促進民間參與公共建設法」可依規劃主體不同，分為 「政府規劃」及「民間自提」兩種。本文研究目的，希冀透過規劃主 體不同，了解推動過程可能會遭遇的風險，進而了解哪些類型公共設 施適用「政府規劃」或「民間自提」，並對民間參與制度提供些許建議。 本研究探討結果顯示，我國促參法制度，法令層面業已相當完善， 主要是執行問題，由於現今社會氛圍受到少許案件影響，使政府機關 辦理促參案件時，不敢以「興利」角度思考，而以「防弊」為主，導 致民間投資人風險大幅提高，使優良民間投資人未必願意投資，反而 引入不良廠商，用與政府賭一把的心態參與，使政府風險大幅提高； 本文並歸納出政策目標明確、政府掌握度高、公益性高、涉及興建行 為之民間投資案件投資金額高等，建議採「政府規劃」方式辦理；而 業界掌握較多know-how、獨特性（unique）計畫、公益性不強等建議 採「民間自提」方式辦理，在辦理「民間自提」時，可透過政策公告 的公開招標程序，對政府機關有保障，亦保留給民間投資人創意發想 空間。

Recently, it becomes the international trend that public and private institutions cooperate to promote various infrastructures and so is Taiwan. “Act for promotion of private participation in infrastructure projects” divides into two kinds of planning subjects, which are “planned by government” and “submitted by private institution itself”. The purpose of this research is to expect to know the risks which may face during the promotion process according to the various planning subjects, in order to know what kinds of infrastructures are suitable for “planned by government” or for “submitted by private institution itself”. Therefore, it could give some suggestions to the system of private participation in infrastructure projects. The exploring results of this research reveal that the law aspect in the system of “Act for promotion of private participation in infrastructure projects” is already quite improved and perfect. The main problem is when the government executes the case of “Act for promotion of private participation in infrastructure projects”, it could not proceed in the way of “making profits”, but in the way of “preventing drawbacks”, due to the social atmosphere affected by a few cases. It makes the risks of private investors increase a lot, and good private investors may not be willing to invest. In the contrary, it will attract the bad enterprises to participate in with the attitude of gambling to the government, which makes the risks of the government enhance largely.; This research generalizes that it is suitable to conduct in the way of “planned by government”, if target of policy is precise, the control of government is complete, the character of public interest is much, and the investing amount in the private investing cases involved in construction is high etc.; And it is suitable to conduct in the way of “submitted by private institution itself”, if the private institution gets more know-how, this plan is unique, the character of public interest is not much and so on. When it conducts in the way of “submitted by private institution itself”, it could proceed in the process of public tender through policy announcements. Hence, it could give guarantees to the government and keep spaces for private investor to create new ideas.