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