黨國體制下的政策網絡：以黨營事業為例

A Policy-Network under Party-State System: Analyzing KMT's companies

不當黨產處理委員會自2016年成立以來，陸續將中央投資公司等黨營事業及相關團體認定為中國國民黨之附隨組織，進而將渠等財產命移轉國有或追徵，相關進展對民進黨政權而言是政治承諾的實踐；但對被處分對象而言則認為是違反憲政的政治追殺，並相繼提起行政救濟啟動防禦與反擊。本研究欲跳脫對附隨組織認定的法理糾結，試以政策網絡分析途逕進行跨域思維，解析黨國體制下國民黨與黨營事業間的關聯互動及變遷情形，一方面定位組織行動者在歷史制度的結構功能，另一方面也能探究行動者間互動的事實，有助釐清其中關係。從歷史結構觀察可知，威權政體曾普遍存在東亞政治制度中，黨營事業在台灣的演變進程，是在黨國體制下隨政府產業政策的甘霖開枝散葉而成。本文認為國民黨與其黨營事業間確實曾屬政策網絡關係，可分為以權力運作為基礎的核心網絡，與以獲利為導向的次級網絡。對黨營事業而言，隨政策導向到獲利導向的目標轉變，原先以黨養黨的性質已從生存轉變到發展，進而隨時代雪球滾擴成龐大量體。黨營事業的發展歷程，在當代不同政治立場者卻有雙重認知，這些觀察表述了世界是由複雜事實組成的真理，正符合政策網絡去中心化的特質。惟在當前政治與法律的爭辯中，仍期待各方回歸轉型正義的本質，啟動對話與和解，也才是轉型正義追求的理想。

Since the Ill-gotten Party Assets Settlement Committee (CIPAS) was established in 2016, it has determined that the Central Investment Company and other organizations as affiliate organizations of KMT. CIPAS has also determined that some ill-gotten assets should to be returned to State. These determinations have been regarded as fulfillment of the DPP administration's promises to deal with the ill-gotten assets problem of political parties. However, companies and organizations determined as affiliate organizations of KMT consider these fulfillment and advances as political behavior against the regulation of constitution, and go to the judicial system for help. This article's objective isn't about legal debates whether to determine some organizations as affiliate organizations of political parties. This article would like to adopt the ＂Policy-Networks＂ approach to analyze the interaction between the KMT and its party-run companies under previous party-state system. Historically speaking, authoritarian regimes could be easily seen through the history of East Asian countries. In Taiwan, the blossoming of KMT's companies is the result of the previous KMT government's industrial development policies. This article considers that the interaction between KMT and its companies could be determined as policy-network relation. And these networks could be categorized as two kind of networks: one the core network for the maintenance of power, the other the sub-network for profits. In the development process of these KMT's companies, their goal were to provide financial resources to KMT and coordinate with government policies previously, but gradually the overall size of KMT's companies has enlarged as a huge complex. Faced with this process, people in Taiwan with different political standpoints have different interpretations. And the diversity of people's thoughts about the problem of ill-gotten assets is a reflection of complex world, and coincide with the de-centralization concept of the ＂Policy-Networks＂ approach. In order to fulfill the idea of transitional justice, this article wishes that each side in the political spectrum in Taiwan could understand the essence and idea of transitional justice and initiate dialogue and reconciliation.