THE INFORMATION SPHERE OF PRESSURE-TYPE LEGISLATION AND THE RESTRUCTURING OF THE LEGISLATIVE DECISION MAKING MODEL

壓力型立法的信息之維與立法決策模式重構

The scope and depth of the media create a “symbolic pressure environment” that holds important influence. The media voice is usually interpreted wrongfully as a representation of public opinion. This kind of voice provides the legislative department enough incentive to start a legislative process that follows media’s lead. From the perspective of lawmaking organs, such behavior is a response to public attitudes. The above voice and response pattern forms pressure predominant legislation based on media information. However, the information delivered by the medium is limited by time, passion and even extreme group prejudice, which is always short on calm and objective judgment. The law and regulations passed by such pressure guided processes cannot fulfill the requirement of observation and examination that comes from judicial practice. This also blurs the functional differences between the law and other social orders. The restructure of the legislative regime should focus on decision-making and the choice of a skill-model, in order to recreate the democratic and scientific standard of lawmaking.大眾傳媒話語的覆蓋範圍、滲透深度塑造了極具影響的＂符號壓力環境＂，往往被誤讀為公眾意見的一個顯姓信息指標，導致立法機關有足夠的激勵順應媒體話語展開立法過程，力圖以此證立對於民意的積極回應，行成基於信息的壓力型立法。但是，媒體話語具有時效性、宣洩姓、甚至是＂群體極化＂的面相，容易失卻應有的冷靜與客觀。其壓力之下生成的立法無法滿足司法運作的可觀察性、可檢驗性要求，也模糊了法律與其他社會秩序控制的職能界分。必須著眼於決策程序、技術模型選擇等變量進行制度重構，重塑立法民主與立法科學。