加拿大遊說法制與我國的借鏡

The Development of Canadian Lobbying Law and Its Lessons for Taiwan

我國是個新興民主國家，但2008年卻超越了多數民主國家而公布實施《遊說法》，多年來各界卻對該法的實施狀況貶多於褒，認為少有效果。但就算在成熟民主國家，遊說活動的規範也面臨許多困難，除了因活動本質具有隱密性，規範也容易牴觸憲法對人民請願、陳情與言論自由的保障。加拿大實施遊說規範超過二十七年，其間至少歷經四次的重大變革，其實施成效相當受到肯定。加國黨政與行政立法關係近似於我國，其遊說立法經驗，應有不少值得我國借鏡之處。本文整理加國法制的特性與經驗，並藉之比照我國法制的不足，期能作為未來修法的借鏡。

Taiwan is a young democracy. Yet, it surpassed many matured democracies to promulgate Lobbying Law in 2008. Unfortunately, few see the Law been enforced effectively in the past eight years. Lobbying Law is very difficult to enforce even in a matured democracy. The difficulties derives from the proclivity of lobbying activities toward secrecy, which can discount the fair application of the law; and partly because the law is suspicious in infringing the constitutional rights of petition and the freedom of expression. Canada is one of the few nations which has implemented Lobbying Law for more than two decades. Statistics shows that the Canadian is quite successful in enforcing the Law. Canadian Lobbying Law made considerable improvements in its four major revisions over the past 27 years. Since the party politics and executive-legislative relations is similar between Canada and Taiwan, the lobbying regulations of the former might be a good model for the latter to follow. This article reviews Canadian legislative history on Lobbying Law. It summarizes several principles sustaining the Canadian law. The author believes that the Canadian experience can be a foundation for Taiwan in reformulating its own Lobbying Law.