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146 Taiwan Development Perspectives 2009
Grand Justices, the Legislative Yuan may exercise a
power of investigation to help effectively exercise its
constitutional power of legislation. The power of investigation
is a subsidiary power necessary for the parliament
to exercise its constitutional powers and authorities.
If and when necessary, the Legislative Yuan may
also, by resolution of its plenary session, request the
presence of a civilian or government official related to
the matter under investigation to give testimonies or
express opinions, and may impose reasonably compulsory
measures upon those who refuse to fulfill their
obligations to assist in the investigation within the
scope of pecuniary fines. However, the legalization of
that subsidiary power has yet to be completed, though
the interpretation was handed down in December 2004.
Since the seventh Legislative Yuan was inaugurated, six
proposals to legalize the parliamentary investigation
power, including a hearing system and the offense of
contempt of parliament, have been submitted. Five of
them have passed the first reading. One of them, the
proposal of administrative penalties for people who
disobey the duty of presence, has passed the first committee
examination. Another proposal for of investigation
power was discussed in committee once. Efforts
are being redoubled to legislate the parliamentary power
of investigation in 2009.
3. Cross-Strait Negotiation
The Straits Exchange Foundation (SEF) and the
Association for Relation across the Taiwan Straits
(ARATS), both authorized to conduct relations between
Taiwan and China, signed four agreements in Taipei on
November 4, 2008. Under the agreements, direct flights
and maritime shipping across the Taiwan Strait would
start, postal service improved, and food safety strengthened.
They were not treaties the Legislative Yuan has
to ratify in accordance with the Constitution. However,
there must be some mechanism to ratify these
“non-diplomatic” agreements of utmost importance to
the national interests. As a result, the Legislative Research
Bureau of the Legislative Yuan proposed a draft
Act Dealing with Cross-Strait Agreements. It stipulates
parliamentary participation before agreements are
signed and the parliamentary deliberation and oversight
function over signed agreements. Opinion is divided.
Those who support the bill argue that the Legislative
Yuan, according to Article 63 of the Constitution
which gives it the power to “decide by resolution
…conclusion of peace or treaties,” has to ratify
agreements between Taiwan and China which are just
as important as “treaties.” Opponents doubt the constitutionality
of the act as drafted and insist that the conclusion
of such agreements including their ratification
is stipulated in the Statute Governing the Relations
Between the People of the Taiwan Area and the Mainland
Area. They do not consider it necessary to adopt
the draft act. Agreement will have to be reached on the
act on oversight of the conclusion of agreements between
the SEF and the ARATS.
4. Congressional Aides
Wu Cherng-dean was suspected of paying NT$5.9
million to his non-existing congressional aides for six
years until 2008 while he was a Member of the Legislative
Yuan. Kinmen district prosecutors indicted him for
forgery and corruption dollars, demanding 15 years in
prison for the former legislator.
Members of the Legislative Yuan are entitled to
congressional aides, officially known as “assistants.”
Article 32 of the Organic Law of the Legislative Yuan,
each legislator may employ eight to 14 assistants at
public expense. Paragraph 4 of its Article 33 stipulates
each party caucus may select ten to 16 publicly
funded assistants, and assign them to legislators who
recommend them. Since these assistants are hired and
fired by legislators, such abuse as Wu Cherng-dean was
charged with is likely to occur. Moreover, congressional
aides so employed are often not qualified for their work.
Reform is needed.
Legislators have demanded for reform for years
but no action has been taken. Efforts must be made to
establish a sound employment system for congressional
aides.