遊說法草案評析   全文下載

An Analysis of the Drafted Bill of Lobbying Law

現代化民主國家，人民或團體基於自身利益或社會公益，而向民意代表或政府官員遊說，以影響政府政策或法律的形成，係屬正常現象，也是一種民主參與的表現。但是如果民意代表或政府官員接受遊說者的金錢賄賂或其他不正利益，進而協助某些特殊「利益團體」牟取不法利益，或通過違反大眾利益的法案，則顯然不符社會公平法則。為有效保障民眾公平參與政治的機會，並防杜政商不法利益輸送，制定遊說法，將遊說活動攤在陽光下，接受民眾檢驗，應有其正面意義。
我國遊說法制的立法研議已長達十幾年，前後所提法案版本頗多，但因朝野未能取得共識，迄今仍未完成立法程序。立法院第五屆會期送來的「遊說法草案」，除行政院所送提案外尚有林重謨委員等及趙永清委員等二版本，均未進入委員會實質審查，即因「屆期不連續」，無法完成立法程序，顯然我國遊說法制的立法屬於高難度的政治工程。本研究主要針對行政院於立法院第五屆會期所提草案加以評析，並提出建議意見，俾供有關機關再提出新法案或學界進一步研究的參考。

It’s a normal practice in a contemporary democratic country for the people or civic groups to lobby lawmakers or government officials with intent to influence the formation of government policy or laws based on their own benefits or public interests. However, it’s not commensurate with the doctrine of social justice, if a lawmaker or government official would accept bribes or other illegal profits from lobbyists, furthering certain‘interest groups’to gain illegal profits, or adopting the laws that would infringe public interests. For the purposes of effectively safeguarding the opportunities for people’s fair participation in politics and preventing conveyance of interests between political and commercial sectors by enacting the Lobbying Law, placing the lobbying activities in the sunshine and subjecting to examination by the people.
The proposed legislation of the Lobbying Law has been persistent for more than ten years in our country, and a lot of versions have been submitted. The legislation has yet been completed due to failing to reach consensus by various political parties. Two versions of the drafted bills of the Lobbying Law had been submitted by the Executive Yuan and legislators Lin Chung-mo and Eugene Yung-ching during the Legislative Yuan fifth session, but both bills had been unable to be referred to the committee for reviewing, therefore, the legislative process could not be accomplished. It’s obvious that the legislation of the Lobby Law is an intractable political task.
This research focuses on the assessment and analysis of the drafted bill proposed in the Legislative Yuan fifth session by the Executive Yuan. I’ve offered a few comments, hopefully, that would be able to provide reference to the concerned authorities proposing a new drafted bill or to the academics.