基準法制定與政府改造   全文下載

Government Reform and the Enactment of the Basic Law Governing Central Government Agency Reorganization

長期以來，我國社會各界對政府組織的批評，包括行政組織相對僵化、機關層級過多而權責不清、決策過程複雜而費時、面對外在環境改變缺乏效率等，皆在在顯示出民眾對政府組織的殷切期盼。尤其，台灣在面對全球化經濟的競爭壓力下，政府體制必須進行功能性與結構性的調整，始能回應民眾與國際社會對政府施政的期許與挑戰。本文除檢討我國政府組織體制現況缺失外，亦對我國自七十六年政府宣佈解除戒嚴以來，推動政府改造的背景、過程、策略以及未來政府組織初步架構，包涵組織三法的制定、行政法人及獨立機關制度的建立以及未來可能遭遇的課題等做一簡單、完整的介紹。

For a long time, criticism from different social segments of our nation regarding governmental organization has centered on a few recurring themes, including its relative inflexibility, its superfluous divisions with vague definitions of the authorities and responsibilities of each agency, the complicated process and excessive time required for policy-making, as well as inefficiency in response to the changing external environment. The criticism indicates the citizens’concerns for and demands on improvement in managing the central government and its organizations. Considering, in particular, the steep competition and performance pressure of global economy Taiwan is concurrently facing, the government needs to be able to readjust itself both functionally and structurally, thus to meet the expectations of the citizens as well as the international communities in dealing with the tasks of efficient and effective governmental operations. Besides reflecting on the loopholes in the current organizational pattern of our government, the present article offers a succinct overview of the background, process, and strategies adopted in governmental reform that has been embarked on since the lift of the martial law rule in 1987. In addition, the article outlines the preliminary blueprint for government reorganization, including the enactment of three Organization Acts (the Amendment to the Organization Law of the Executive Yuan, the Basic Law Governing Central Government Agency Reorganization, and the Law for Staff Quota for Central Government Agencies) and the establishment of administrative legal person status for independent government agencies. The article concludes with a topical discussion of some anticipated challenges related to the reorganization project.