從新電業法修正歷程之視野審視我國法制作業不足之困境

Flaws of the Current Legal Process in Taiwan: An Observation of Taiwan's Legal Process During the Amendment of the Electricity Act

政府宣稱五十年來最大電業市場改革的新電業法修正草案，終於於二○一七年一月十一日三讀通過。此一籌備長達二十餘年，耗費數十億以上研究經費的電業自由化修法，卻因法制作業的嚴重不足與缺憾，讓這樣的成就，蒙上一層巨大陰影。這也呈現出眾多由經濟或科技智庫主導而忽視並欠缺法律人參與之法案，將對法治國之實踐，造成重大的傷害……本文以電業法作為研究對象，藉由本法修正過程之各面向探討現行法制作業存在之問題，討論架構上，首先就電業法三讀前之草案內容、社會溝通等立法程序進行觀察，其次則就本法三讀通過後之條文探究其法制作業之「形式層面」及「實質層面」問題。最後，提出本文之結論作為未來臺灣法治作業改善之建議。

Taiwan’s Electricity Liberalization Act, which hasn’t been amended for 50 years, has finalized it’s amendment on January 11, 2017. This achievement, which should have been a milestone of Taiwan’s legal history, was hindered by the flaws of the legislative revision process when amending the Electricity Act, including issues such as the in accuracies of the draft inappropriate legislative procedures and problems with the clauses. This demonstrates the issues that may rise due to the lack of legal experts in the drafting of legislations led by economic or technological think tanks. This article seeks to explore the flaws of the legal process during the amendment from different perspectives. The article begins with the draft legislation, looking into problems such as the content, governmental participation and civil participation. Then the article further discusses the legal procedural issues behind the amended Electricity Act, providing analysis on both the concepts and contents of the legislation. In the end, the conclusion of this article hopes to serve as a suggestion to tackle the flaws in the legal process of Taiwan.