立法委員之質詢權與行政院之答復義務

The Interrogating Power of the Legislator and the Duty to Reply of the Executive Yuan

國會議員的質詢權以及相對應的政府答復義務，在現實政治生活中具有重大意義。惟隨著質詢數量的不斷增加，質詢議題的五花八門，有關質詢權的範圍以及政府在何種情形下得拒絕回答的爭議不斷出現。本文自質詢權之功能、依據、種類及方式出發，探討立法委員質詢權之行使；並確立行政院之答復義務。最後處理實務上易引起爭議的質詢界限以及政府得拒絕回答之事由。

The interrogating power of legislators and the duty to reply of the administrative organs are significant to the reality of political arena. As the interrogation practice increases, a wild variety of issues were presented in the Congress. On the other hand, there are more and more huge controversies over the scope of the interrogating power, including in which circumstance that agencies hold the denying powers to reply. First, this article explores the interrogating power of the legislator, ranging over its functions, theoretical rationale, categories, and modes. Secondly, it also argues that the Executive Yuan should bear the duty to reply. Finally, this article deals with the scope of the interrogating power, and in which circumstance that agencies hold the denying powers to reply. These critical issues cause disputes easily.