Abstract
The resistance to mobile communications base stations had become a social problem, and the Taiwan people's concept of the rule of law was not thorough enough, People associated with the power of the public controversy, few will want to take advantage of the court or the administrative appeal procedures for the settlement of disputes, Instead prefer foreign institutional manner. Therefore, in order to reduce transaction costs, the central and local governments should help to the people within the system in a legitimate means to resolve the dispute. This paper introduces the basic telephone operations nature, and then show Taiwan's installed base station license and management processes, from the legal interpretation of the Civil Code, clarifying base station operators and neighbors of private law relations and use it as the basis to further explore the disputes about the administrative processes for base station installation and management and the autonomy of local government.Finally, through the comparison of the United States and Japan legislation. Hope to find a legal mode of lowest transaction costs to settle base stations disputes. In this paper the view that if the body, health or property damage, the neighbor can use as the basis of the claim. But, in the cases of property, if the electromagnetic wave was a minor, the owner has the obligation of tolerance. And the discretion of the court whether or not minor, although is not subject to administrative disposition, However, the majority of cases, the court will respect the administrative authority's decision. Consequently, the administrative procedure in the approving for base stations set up shall be open, transparent, and the information shall be made available to the public actively and timely. In addition the administrative authority is also prefers to listen to the opinions of relevant neighbors before making a decision.