美國總統制與法國半總統制之比較

Comparing the American Presidency and the French Semi-Presidency

現代民主國家的憲政體制，在權力分立下，分為行政、立法、司法三個部門，其中行政和立法部門，平日之互動較為頻繁，又因行政與立法部門的互動關係下所產生的差異，而產生三種不同的憲政體制類型，一是行政與立法兩權具有融合精神的內閣制、二是行政和立法兩權嚴守分立精神的總統制、三是行政及立法兩權兼具融合與分立精神的半總統制。本文聚焦的重點為總統制和半總統制之比較，總統制下的行政權屬於總統，半總統制下的行政權則由總統和閣揆共享。美國為眾所周知採行總統制的國家，也是世界上最早實施總統制的國家，以致於後來採行總統制的國家，皆以美國的總統制做為仿效範本；法國第五共和則是實行半總統制的典範，採行半總統制的國家諸如東歐地區、昔日為法國殖民地的非洲國家，包含修憲後的我國，易言之，只要提到半總統制，係以法國第五共和為仿效的藍本。職是之故，本文聚焦總統制與半總統制之比較時，各以其主要代表國家，即美國和法國，並運用文獻分析法與比較法，進行總統制與半總統制之介紹及比較，希冀藉由比較研究，進一步得到總統制與半總統制比較下之差異，作為本文之研究結果。

The constitutional system of a modern democratic country is divided into three departments: executive, legislative, and judicial, under the separation of powers. Among them, the administrative and legislative departments interact frequently on weekdays. There are three different types of constitutional government systems: The first is the cabinet system with the spirit of integration of the executive and legislative powers. The second is the presidency with the spirit of separation of the executive and legislative powers. The third is a semi-presidency system with the spirit of integration and separation of executive and legislative powers. This article focuses on the comparison between presidency and semi-presidency. The executive power belongs to the president under presidency, but under the semi-presidency, the executive power is shared between the president and the cabinet. The United States is a well-known country that adopts a presidency, and it is also the first country in the world to implement a presidency. The countries that later adopted a presidency all followed the American presidency as a model; the French Fifth Republic implemented a semi-presidency. It is a model for semi-presidency countries such as countries in Eastern Europe, and African countries that were formerly French colonies, including Taiwan after the constitutional revision. In other words, as long as semi-presidency is mentioned, it is based on the French Fifth Republic. Therefore, when this article focuses on the comparison between the presidency and the semi-presidency, the main representative countries, the United States and France are used to introduce and compare the system of presidency and semi-presidency. We use literature analysis and comparison methods because it is hoped that through the comparative study of article, the difference between presidency and semi-presidency can be further achieved as the research result of this article.