A Study on The Feasibility for Integrating Petition Act , Administrative Procedure Act of Petition and Lobbying Act

• Main Authors: PENG,YEN-CHUN, 彭彥郡
• Other Authors: HU, PO-YEN
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/886d6x

碩士 === 東吳大學 === 法律學系 === 107 === Taiwan’s democratic rule of law and free human rights are exemplary in the Greater China region. The most important of these is the right to free expression of speech. The Constitution of the People's Republic of China clearly protects the people's right to freedom of speech, petitions and participation in politics. The government of Taiwan has also formulated a variety of legal norms for making opinions, but it has not been integrated. Taiwan's current Petition Act and Administrative Procedure Act of Petition have produced overlapping situations. Lobbying Act is based on the Sunshine Act, putting an end to black gold politics, and ensuring the participation of democratic politics, but it is not effective. In order to strengthen the above three legal benefits, and in response to the advent of the global digital e-government, it is necessary to review the relevant mechanisms. The purpose of this paper try to propose the deletion of the current system of petition in the administrative procedural Act, and to revise it together with the petition Act. In addition, it will be incorporated into the norms together with the petitions that are the people’s opinions on state policies and bills. We will try to integrate the three methods into one method and towards the operation mode of digital democratic legal system. The scope of this paper, the historical background of the petition and the lobbying system are explored, the legislative origins and purposes are understood, and the current operating modes of the three systems are compared and analyzed to explore the dilemma faced by the three systems and to further find solutions. The research method of this thesis is mainly literature analysis method. By sorting and collecting domestic related books, master's thesis, professional journals, government publications or research reports, etc., sorting and analyzing them, and using the above materials as the research basis. In addition to the introduction of the first chapter, the main chapters refer to the past literature to understand the relationship between the evolution of Petition, Administrative Procedure Act of Petition, Lobbying Act and the changes of the social environment, and refer to the similarities and differences between the relevant norms of the countries and the current national regulations; The third chapter compares and analyzes the current three-system operation mode; it guides the feasibility study and suggestions for the integration of the three systems in Chapters 4 and 5.