| Summary: | 碩士 === 國立臺灣大學 === 法律學研究所 === 103 === Regarding to the political and economical context, and the framing of the regulation norms, this Thesis aims to propose an initial solution program for the present issues on the regulation of television industry in Taiwan.
On the political and economic context, this Thesis divided the period of television industry development into three eras: authoritarian era, democratization era, and globalization era. In the authoritarian era, the television industry is control by the party state led by the Chinese Nationalist Party (Kuomingtang, KMT). In the democratization era, challenges from the opposition parties, and the local governments companied with the vigorous television industry. In the globalization era, foreign investors greatly got involved in the mergers of television industry. Financial leverage, multi-media concentration, and the merger of finance and media brought great concerns of media monopoly in the civil society in Taiwan.
On the framing of the regulation norms, this Thesis proposes an analysis considering the mentioned political and economic context. In the authoritarian era, the Parliament is relatively silent on the bills proposed by the executive branch of the government. In the democratization era, the Parliament was more vibrant on proposing comprehensive reform agenda, while the executive began compromising in certain legislations. In the globalization era, the vibrant trend of reform lasted for few years. The KMT-led Parliament strongly controlled the legislation against the executive led by the Democratic Progressive Party (DPP). However, in recent years, the reform on television industry regulation seemed stagnated.
This Thesis finds that the driving force of the structural regulation of television industry derives from democratization and globalization. For the framing of the regulation norms, it is pushed by the regulation demand of the executive organs, the opposition parties, and the impacts of judicial judgments. Therefore, the framing of regulations is usually lag to the trends of political and economic changes.
In conclusion, this Thesis proposed that the corporation governance and the market structure be reformed by new legislations. The National Communication Commission (NCC) shall also be regarded as a supervisory organ. Therefore, its functions, ways of decision-making, and the standards of court review should be adjusted.
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