| Summary: | 碩士 === 東吳大學 === 法律學系 === 105 === Once upon a time, corporations and foundations had always effected elections through campaign finance. In spit of the fact that campaign finance has always been considered as the costs of democracy, it has somehow caused the risk of plutocracy, even created numerous political scandals. Even though there were several sporadic regulations about political donations, the problems above still could not be solved.
In order to find a solution to the problem, “Political Donations Act”was enacted in 2004, which was be laid down to normalize and manage political donations. However, is has remained a huge gap between theory and practice up to now. Therefore, we have to figure out how to amend the legal regulation of political contribution.
In this master's thesis, I research into this issue by comparing Taiwan's and Japan's legal regulation of political contribution. Japanese government promulgated“ Political Funds Control Act” at 1948 to normalize and manage all forms of political funds. After that, this law has been amended several times. Most of related studies indicated that Japan's current legal regulation is apparently different from Taiwan's. First and foremost, Japan's legal regulation includes all types of political funds. Besides, political parties lead a central role in Japan's legal regulation. In addition, people are allowed to donate a larger sum of money in Japan than in Taiwan. The main reason that there exist such a difference between Taiwan's regulation and Japan's is that it is difficult for the government to normalize and manage campaign funds by setting up the regulation. Above all, it is obvious that the regulation is a“political law” , which has to be adapted to current state of a country. Therefore, we have to ponder deeply how to draft a suitable and reasonable law of our own.
The main purpose of this thesis it to elaborate the opinion about the topic and put forward some modification suggestions for the present policy. On the on hand, in order to reform the legal regulation of political contribution, I would focus on three points as follows : a) Promote the concept of citizen participation, b) Ensure the fairness and justness of political activities, c) Strengthen and improve the development of democracy. On the other hand, to make the three main point in practice, the new law should rise the annual quota of political donations. Second, the policy of political contribution have to be extended its scope to include the electoral system. Consequently, I consider that the problems of legal regulation of political contribution can not be solved by amending one law. On the whole, we cannot ignore the problems of present regulation, and making the laws more complete is the ultimate and significant target of this thesis.
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