國會議員言論免責權之探討

碩士 === 佛光大學 === 公共事務學系 === 96 === Abstract The purpose of this research paper is to research the present conditions of the legislative immunities of the congressmen in our country. The main purposes of this research are as follows: 1. To clarify the related questions of the legislative immunities o...

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Bibliographic Details
Main Author: 王世全
Other Authors: 朱春生
Format: Others
Language:zh-TW
Published: 2008
Online Access:http://ndltd.ncl.edu.tw/handle/51103191846941594277
Description
Summary:碩士 === 佛光大學 === 公共事務學系 === 96 === Abstract The purpose of this research paper is to research the present conditions of the legislative immunities of the congressmen in our country. The main purposes of this research are as follows: 1. To clarify the related questions of the legislative immunities of the congressmen and the society have any viewpoints about them. 2. To research whether the range of the legislative immunities of what is presently regulated by laws is appropriate. 3. In the elevation of the morality level and under the pressure of the social opinion、we want to see if the self-discipline of the legislative immunities of the congressmen can be internalized、and propose some proper suggestions for the future improvement. The approach of this research is based on 「method of document analysis」 and 「method of comparative study」. By using these two methods、we collect and analyze the laws、documents and related reports on social opinions、and then deeply explore into and understand the warranty range and social ideas and attitudes towards the legislative immunities. We reach the conclusions in this research as follows: 1. There is deficient knowledge of the legislative immunities in the present society. 2. There is an excessive use of the legislative immunities among the congressmen. 3. The congressmen should be responsible to their electors. 4. There are many strategies to reach the goal of law-making; the congressmen should take the ones to harm the people's rights to the minimum degree. What measures they take should be in proportion to the necessity to reach its goal to avoid the burden of the social cost and the people's weight-down burden. As a result、the congressmen should realize the importance of 「the essence」 「the appropriateness」 「the proportion」 of the legislative immunities. 5. According to the Constitution No.73、the legislative immunities of the congressmen is carried out on the absolute warranty basis. But in reality、after the explanation No.435 of the Constitutional Court is issued、every judgment of the legislative immunities cases is based on the view of relative warranty. Therefore、the warranty range of the legislative immunities of the congressmen is limited. 6. The politicians can't just do for their own political purposes,which will result in the bad social atmosphere. As a result、the sayings and doing of the congressmen have a great effect on the social education,so they should take the duties of self-discipline and the empathy of thinking for others and kind social atmosphere. Based on the conclusions of this research,We make some suggestions on the legislative immunities of the congressmen as follows,which can provide the researchers on this topic afterwards to consult. 1.Suggestions for the electors (1)To know what kind of congressmen we need. (2)To know enforce the correct lawful and moral concept of the electors,to make them form the habit of law-knowing and law-abiding. (3)To know make the best use of the vote,so as to prevent the overuse of rights of the congressmen. 2. Suggestions for the mass media (1)To know explore the realiability of the events;them make a professional report on the truth of the event. (2)To know strictly screen the content of the report. (3)To know put the power of supervision into effect. 3. Suggestions for the congressmen (1)To strengthen the correct lawful and moral concept,and form the habit of knowing laws and abiding by laws. (2)To expect oneself to be a good congressman. 4. Suggestions for the congress (1)To strengthen the function of the discipline committee. (2)To make the ways of resolution and meeting open to the public.