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題名 | 我國立法院黨團協商制度之探討=A Study of the Party Caucus Negotiation System in the Legislative Yuan |
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作者 | 胡文棟; Hu, Wen-tung; |
期刊 | 國立空中大學社會科學學報 |
出版日期 | 20061100 |
卷期 | 14 民95.11 |
頁次 | 頁111-137 |
分類號 | 573.66 |
語文 | chi |
關鍵詞 | 黨團協商; 國會改革; 委員會中心主義; Negotiation of party caucuses; Congress reform; The committee autonomy prospective; |
中文摘要 | 立法黨團商制度,自國八十八年法制化,明定於立法院職權行使法第十二章「黨團協商」中,孕育我國黨團商之環境,惟國人對國會改革之期盼甚殷,期望國家政治重要決策中心之立法院,能提升立法權功能,故以「改進法案協商制度」列為國會改革法案之重點原則之一,而於九十一年一月十五日完成了上開法案相關章節之正,使得立法院黨團協商制度更臻完備。然後,隨著政治環境變遷,及優質政治素養環境尚未成形,其他阻礙國會改革之諸多不利因素仍然存在,徒靠黨團協商,對於提升國會議事效率而言,仍有獨木難支之困境。本文將藉由文獻探討及社會輿論等寶貴意見,以及從實務上黨團協商運作過程中所觀察到之問題,進而試擬對策,提出建議方案,或有助於問題解決之參考。本文內容研討重點概述如下:先就立法院黨團協商制度之概念及現立法院黨團協商制度加以說;其次就黨團協商現況分析及黨團協商發展之過程與黨團協商規範作分析;再就黨團協商運作實況及成果問題予以檢討,以立法院「警察職權行法」審議過程為例,分析審議過程,並彙集學者專家所提問題,及相關問題之解決方案,大體分成:一、黨團協商基礎環境改進問題,其解決方案為:1.為發揮政黨間協商效率,促使我國主要政黨由「外造政黨」轉變為「內造政黨」;2.擴編「程序委員會」強化各政黨立法院黨團的自主性與代表性;3.加強正黨領袖及黨鞭籌碼。二、黨團協商規範不周延改進問題,其解決方案為:1.提高黨團成立門檻,節制黨團任意提案;2.黨團協商透明化;3.黨團協商會議代表應按黨團人數比例派員參加;4.黨團協商內容應限於程序上事項;5.黨團協商規定應納入事規則。三、黨團商規範之執行改進問題,其解決方案為:1.確實執行限期協商之條文;2.確實執行利益衝突迴避之規正;3.參考民主先進國家黨團協商之良好行經驗;最後提出本文結語。 |
英文摘要 | In 1999, regulations were drafted regarding negotiation between party caucuses in the legislative Yuan, which can be found under the heading “Party Caucus Negotiation” in the 12th section of he Legislative Yuan’s law regarding the exercise of official powers. They have proven to foster a conducive environment in which such negotiations can be conducted. People are anxious for reform and hope that the Legislative Yuan-this important decision-making center for national politics-can improve the functionality of its legislative powers. Therefore, the “Improve Bill Negotiation System” is one of the most important principles behind the Congress reform bill. On January 15, 2002, revisions to related sections of the bill were completed, making negotiations between party caucuses even more efficient. Nevertheless, the political environment has changed and an optimized level of decorum on the part of politicians has not yet been attained. Apart from these, there are several other factors that have also hindered reforms in Congress. Solely relying on party caucus negotiations to increase the effectiveness of matters Congress is infeasible. This paper will review ideas and opinions found in editorials and other documents as well as problem observed during the actual negotiation process, with the hope that measures can be formulated thereby and proposal can be raised to solve the problem, or at the very least, that it can serve as a helpful reference guide in resolving the problem. The main points addressed in the paper are as follows. First, an outline of the party caucus negotiation system will be given, as well as an explanation of current conditions related thereto. Next, the actual condition of party caucus negotiations and their results will be investigated by specifically analyzing the deliberation process of the “Exercise of Official Police Powers” law. Related problems raised by scholars and experts will be compiled along with the resolutions to such. These proposed resolutions can be divided into three main categories. 1) Regarding the problem of improving he basic environment for party caucus negotiations, the following solutions have been proposed: increase the effectiveness of inter-party negotiation, promote the change of primary political parties from an “externally created party” to that of an “internally created party”; expand the procedure Committee’s manpower to augment the autonomy and representation of each party caucus in the Legislative Yuan; and strengthen the power and influence of party leadership and the party whip. 2) Regards, the problem of the room for improvement in party caucus negotiation norms, proposed resolutions are as follow: raise the minimum standards for establishing caucuses and restrict arbitrary motions by party caucuses; make the negotiations of party caucuses more transparent; standardize the number of representative each party caucus can send to a negotiation meeting based on the total number of people in each party caucus; limit the content of such negotiations to the items on the meeting’s agenda; and incorporate stipulations for party caucus negotiations into the general regulations. 3) Regarding the problem of improving the execution of party caucus negotiation standards, the following has been proposed: enforce deadlines for items being negotiated: enforce regulations regarding the avoidance of conflicts of interests; and look into the situation of party caucus negotiations in countries with more advanced forms of democracy. |
本系統之摘要資訊系依該期刊論文摘要之資訊為主。