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PDF(2.7mb) - 國家政策研究基金會

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Parliamentary Reform of 2008 145<br />

Republic.” A prior constitutional amendment required<br />

the president to deliver a State of the National message<br />

before the National Assembly. According to the prior<br />

amendment, the National Assembly, when it convenes,<br />

“may hear a report on the state of the nation by the<br />

president, review national issues, and offer recommendations.”<br />

This power was transferred to the Legislative<br />

Yuan in 2000 after the National Assembly was made to<br />

convene when necessary rather than regularly. When<br />

that power was transferred, it took at least a quarter of<br />

the Members of the Legislative Yuan to propose a resolution<br />

requesting the president to make a State of the<br />

Nation message and the resolution had to be adopted at<br />

a Legislative Yuan plenary session. If the resolution<br />

were adopted, the steering committee of the Legislative<br />

Yuan would schedule the delivery of the message. On<br />

the other hand, the president could offer to deliver the<br />

message and review national issues and do so with the<br />

consent of the Legislative Yuan. The Constitution does<br />

not make the president responsible to the legislature;<br />

and therefore he would not be subject to interpellation<br />

on the floor, albeit he could give answers in writing.<br />

It is now mandatory for the president to deliver a<br />

State of the Nation before the Legislative Yuan without<br />

the complicated procedures.<br />

3. Initiation of Resolutions and Bills<br />

Democratic Progressive Party Member of the<br />

Legislative Yuan Kuan Bi-ling slapped her Kuomintang<br />

counterpart Hung Hsiu-chu at an Education Committee<br />

meeting on October 22, 2008. The incident occurred<br />

because Kuan and her two opposition party colleagues<br />

resented their being bullied at the committee meeting<br />

where Hung presided. They wanted to initiate a resolution,<br />

but were unable to do so for they lacked mandatory<br />

endorsements. According to the Bylaw on Legislative<br />

Procedure prior to an amendment, a motion or a<br />

proposal for amendment has to be initiated by one<br />

committee member and endorsed by three others present<br />

and voting. The opposition party is represented by<br />

27 members in the parliament, and cannot seat more<br />

than three members on the Education Committee. Kuan<br />

and her colleagues resented the overwhelming dominance<br />

of the Kuomintang, which handily and lawfully<br />

nipped their initiation in the bud.<br />

Currently, the opposition party seats three members<br />

on the Education Committee and each of four other<br />

standing committees. The four are the Foreign Affairs,<br />

Finance, Communications, Judiciary, and Health and<br />

Environment Committees. There would be no chance<br />

for the party to initiate a motion at meetings of the five<br />

committees without the support of a member of the<br />

Non-Partisan Solidarity Union or the independent, unless<br />

the bylaw was amended.<br />

Article 57 of the bylaw was deleted on December<br />

26, 2008 to make it possible for the opposition to initiate<br />

a motion without three endorsements. However, the<br />

deletion is not necessary, because the lack of enough<br />

endorsements for a motion was and still is a problem<br />

that can be solved by the party caucus even if the article<br />

remained intact. The deletion is likely to trigger proliferation<br />

of motions and bills that may harass standing<br />

committees.<br />

III. Reform in Progress<br />

1. Transparency in Legislation<br />

The Legislative Yuan is planning to have all its<br />

meetings televised live to ensure transparency in legislation.<br />

A mission was sent to the United States to learn<br />

the experiences of the Cable Satellite Public Affairs<br />

Network in covering the Congress in July 2008. At the<br />

recommendation of the mission, Wang Jin-pyng, president<br />

of the Legislative Yuan, declared the decision to<br />

open the whole legislative process to electronic media<br />

coverage. According to the timetable he announced,<br />

online coverage would start in mid-September, when<br />

the Legislative Yuan started its second session of 2008<br />

and a new Parliament Channel would open live coverage<br />

in January 2009. No coverage started, however.<br />

2. Power of Investigation<br />

According to Interpretation 585 of the Council of

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