A Study of the National Legislature Investigates Power

• Main Authors: Yu-ming Hsu, 徐裕明
• Other Authors: Jeng-rong Shyu
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/7d8xm9

碩士 === 國立中山大學 === 中國與亞太區域研究所 === 97 === Investigative powers of Congress is the Congress to obtain the required information, the tool found the truth. Due to the need for legislative decision-making rational, and rational legislative decision-making need to use the logic of scientific method, to take an objective view of the decision for seeking truth from facts, there is no investigative powers, Congress is that the lack of information, difficult to discover the truth of a disadvantage, unable to make the right decisions , will not be able to carry out its terms of reference on the role of function. Compared to democracy in the world''s major countries of the development of the investigative power of Congress, the Legislative Yuan may exercise certain power of investigation in 2004 until the beginning by the J.Y. Interpretation No.585 to explain the right of access to the survey. Representative democracies, the United Kingdom is one of the first use of the investigative power of Congress, the United States Department of the investigative power of Congress to develop the most complete system, also the most frequent use of the country, a democratic country by the major development of the investigative power of Congress, know that the investigative power of Congress to essential for Congress to support legislative power, Congress is also an important weapon supervision. However, the exercise of legislative power on behalf of the people in our country of the Legislative Yuan in the future can indeed play with investigative powers to supervise the executive, legislative and other auxiliary functions, there is the establishment of a sound depends on the right of Congress to investigate the mode of operation. In this paper, since the right of Congress to investigate the meaning and nature of the legal basis of the investigative power of Congress to explore the principle behind the system and principles. At the same time by the Democratic National Congress representative survey Overview of the implementation of the right to introduce a system to explore the rights of the Legislative Yuan to investigate the nature and the status quo, the existing access to the Legislative Yuan of the operation of the right to study the document, which on my development of the investigative power of Congress to amend the law. In this study, data collection through literature, the light of our constitutional system with a foreign legal system, and finally developed the following recommendations: 1.The Legislative Yuan investigative power system should be the rule of law, and clearly defined the scope of the exercise of investigative powers, to avoid violation of other constitutional organs of the terms of reference. 2. The introduction of a small number of right( Minderheitsenquete) - in order to learn from the German system. 3. In addition to the exercise of law in the Legislative Yuan to develop terms of reference "of the exercise of investigative powers," a chapter, the new legislation is still to be a peremptory norm of "public hearing", "testimony" of the relevant provisions. 4. Addition of "contempt of Congress" of norms. 5. Be added to a breach of confidentiality provided for the punishment. 6. The Legislative Yuan investigative powers should be fine with more force. 7. Should be determined by the local councils the right to access provisions.