立法院議事運作之研究—以勞工退休基金監理會組織法為例

Abstract

本文所要探討的問題是：有哪些因素會對立法院之議事運作造成影響？以立法來源來區分的話，假設影響法案通過的變項不單只是立法機關，是否還有立法機關以外之行政部門、政黨之黨團及利益團體等立法來源呢？ 以「勞工退休基金監理會組織法」之立法過程來探究立法院議事運作之流程，從提案、程序委員會排案、一讀、委員會審查、黨團協商、二讀、三讀等，本文發現立法委員之立法行為、法案之議程編列、委員會審查、行政部門推動法案程度、各政黨之黨團運作及利益團體之活動等皆會對議事運作產生影響。 本研究驗證兩項研究問題：一為影響法案通過的變項不單只是立法機關而已，尚包括行政部門、政黨之黨團及利益團體等立法來源。二為國會議程安排先天即具有多面向的特質，而這項特質正可說明為達成議事運作之順利進行，立法委員之間必須進行交換、妥協工作，適足以說明衝突管理理論之衝突處理，可以解決立法院長期以來議事運作過程中日益嚴重之衝突現象。

What are the problems that this paper would like to investigate? What are the factors that will influence the session operation of the Legislative Yuan? If it is to be categorized with sources of legislation as well as the variables that will affect legislative enactment are not merely limited to legislature, are there other sources of legislature as the administrative authorities, and caucus of political parties and interest groups other than the Legislative Yuan?

If we are to view from the enactment processes of “Organization Law on the Supervisor and Director Board for Labor Retirement Fund” to investigate the workflow of session operation of Legislative Yuan, which runs from legislation proposal, proposal arrangement of the procedure committee, first reading, review of the committee, negotiation of political caucus, second reading, and third reading, this paper has discovered that the legislative behaviors of the legislators, agenda arrangement of legislative enactment, review of the committee, extent of legislative enactment facilitated by the administrative authorities, and the activities of caucus operation of each party and interest groups that will bring upon impact on the session operation.

Two research problems as substantiated in study include:1. it is not merely the variable of legislature that affect the passage of legislative enactment, which includes also the other legislative sources as the administrative authorities, and caucus of political party and interest groups; 2. the arrangement of parliamentary session is inherently given with the features of diversified aspects, and such feature can rightly elaborate on the necessary exchange and compromise among the legislators in order to facilitate the parliamentary session smoothly and successfully. Furthermore, it can suitably explain the conflict management of conflict management theory, and help resolve the increasingly worsening conflict during the session operation of the Legislature for quite a long time.