一致政府與分立政府下之國會黨團運作-以政黨輪替2000-2012年經驗為範圍

Abstract

1997年憲法增修條文將憲法第55條之規定「行政院院長，由總統提名，經立法院同意任命之。」，停止適用，配合總統直選改為「行政院院長由總統任命之」，不須經立法院同意後任命，造成立法院多數黨所屬不一定能擔任行政院院長，只要由總統任命即可擔任行政院院長。此一憲法的變革造成2000年政黨輪替後，民主進步黨在立法院雖是少數，卻可任命行政院長，成為分立政府之局面，而民主進步黨在執政的八年中一直未能在立法院中取得過半的席次，其國會黨團運作處於相當艱困的情況，直到2008年政黨再次輪替，國民黨贏得總統選舉，並任命黨籍人士出任行政院長，且在立法院擁有過半的席次，成為一致政府之局面，而國會黨團運作又進入另一種局面。 民主政治中「服從多數，尊重少數」是很重要的原則，國會中席次的多少代表政黨之實力，在法案爭議時，多數黨可經由表決取得多數支持以貫徹其意志，但也可經由協商對於少數表示尊重，減少政黨間對立與抗爭，使得國會議事進行順利，故國會的「黨團運作」便日益受到重視。立法院議事透過黨團運作能化解立法審議過程的紛爭，縮短冗長的議事程序及減少朝野之間非必要的議事抗爭，增進立法議事效能，使法律案、預算審議及議事進行順利；相對的它也會遭少數人或團體操控及杯葛，癱瘓議事進行或阻撓法案的通過。 研究旨在就「政黨在一致政府與分立政府之角色與功能理論建構」、「我國政黨輪替（2000-2012）之政黨競爭模式分析」及「我國國會黨團在一致政府與分立政府之決策運作」等方面加以探究、分析與研究，比較民主先進國家有關黨團運作方式，及比較立法院各黨團之組織規程，並再舉立法院黨團運作之實例說明，另外配合深入訪談相關人士對黨團協商制度進行了解，並建構競爭與合作國會黨團運作理想型機制設計，期能對一致政府與分立政府下之國會黨團運作方式有一明確的研究結果，並將其結果供各界參考。

997 Constitution as amended Article 55 of the Constitution provides that "the president of the Executive Yuan, nominated by the President of the Legislative Yuan agreed to the appointment." Cease to apply, with direct presidential elections to be changed to "the president of the Executive Yuan appointed by the president" is not to be appointed by the consent of the Legislative Yuan, the Legislative Yuan, the majority party belongs not necessarily to serve as president of the Executive Yuan, appointed by the President to serve as president of the Executive Yuan. After a constitutional change caused by the political parties in power in 2000, the Democratic Progressive Party in the Legislative Yuan is one of the few, but may be appointed by the Executive Yuan, the situation of divided government in eight years, the ruling Democratic Progressive Party in the Legislative Yuan has not been able to get more than half of the seats, the congressional caucus operation in a very difficult situation, again alternation of political parties until 2008, the KMT won the presidential election and the appointment of party person as president of the Executive Yuan, and has more than half of the seats in the Legislative Yuan, and consistent with the government's situation congressional caucus operation into another situation. Democratic politics "subordinate to the majority, respect for minorities" is a very important principle, the number of seats in Congress on behalf of the strength of the political parties in the bill dispute, the majority party through a vote of a majority of support in order to carry out their will, but also via negotiation few show respect, to reduce the antagonism and struggle between political parties and parliamentarian smoothly congressional caucus operation would have received increasing attention. Legislative Yuan of procedure to resolve disputes of the legislative review process through caucus functioning can shorten the lengthy proceedings and reduce non-essential to the ruling and opposition parties protest of the rules of procedure, enhance the performance of legislative rules of procedure, the legal text, budget deliberations and proceedings proceeded smoothly; relative also have been a small number of people or groups manipulation and boycott by paralysis of procedure carried out or obstruct bill. The study was designed on the roles and functions of the theory of the unified government and divided government, the political parties construct "party competition of political parties in power (2000-2012), the mode of analysis" and "Our congressional caucus in the operation of the unified government and divided government decisions "and other aspects of inquiry, analysis and research, more democratic and advanced countries on caucus works, and compare the Legislative Yuan caucus of organizational rules, and cite examples of the operation of the legislative caucus Also with in-depth interviews with stakeholders to understand the caucus consultation system ideal mechanism design and construction of competition and cooperation operation of the congressional caucus of congressional caucus works under a unified government and divided government has a clear findings, and results for public reference.