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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

立法過程中國防部與立法委員互動關係—募兵制修法之個案分析 / The Interaction Between The Ministry of National Defense and Legislators — the case of the Amendment of“ the Voluntary Military Service System ”

邱懷慧, Chiu, Huai Hui Unknown Date (has links)
我國兵役制度從抗戰時期的「徵兵為主、募兵為輔」逐步走向「募兵為主、徵兵為輔」的募徵併行制,馬英九2008年當選總統,為落實競選政見,國防部規劃兵役制度轉型為募兵制,爰配合修正兵役法部分條文。 適逢立法院第七屆立法委員席次減半,由原本226席次減為113席次,委員自主性及影響力增強,執政黨組織行政院,亦掌握立院絕對多數席次,形成一致政府。 從公共政策過程理論來看,一個政策的推行,必須透過法律的制定、修正、廢止等方式,送請立機關完成政策合法化過程。本文從兵役法修法過程中,來探討國防部與立法委員互動關係,以提出加強其互動的具體建議。 基於以上的認知,本論文的發現如下: 一、法案草擬階段未讓立法委員有參與機會,使得政策規劃結果未能滿足立法委員的期許。 二、募兵制配套規劃尚未整合,法案先行送審,至國防部立論基礎薄弱,無法說服立法委員支持。 三、未公布政策影響評估,造成立法委員無法認同,讓立法委員對於募兵制無法成功產生的戰力空窗所造成的威脅感到質疑而無法認同法案。 四、與政策利害關係人的溝通不足,成為政策推動的阻力。 五、政策規劃評估不足,考量範圍不夠,形成爭議,造成立委抗拒。 六、立法委員對國防政策專業程度不足,需加強政策溝通。 七、挾持法案的議價協商,實際上係以其他利益交換為目的。 八、立法委員為貫徹黨紀,必要時,個人政治理念須妥協,國防部在政策溝通上,除了立法委員個人意見外,亦須積極遊說黨團。 / The military service system in Taiwan, or the Republic of China (R.O.C) Military Service System, has been gradually heading from a predominantly-conscription mode of recruitment, first adopted during the Period of the Second Sino-Japanese War, toward a predominantly-voluntary recruitment plan. To intiate such a transition and to keep the promises he gave before the 2008 presidential election, the president of the Taiwan (R.O.C.) Ma Ying-jeou urges that the Ministry of National Defense in Taiwan contrive a plan for the necessary modifications in the Taiwanese (R.O.C) law regarding the military service system. Also relating to this, it is to note that a 50% reduction of the number of the seats in the Legislative Yuan in the 7th general election of legislators, from 226 to 113 seats, granted each legislator more autonomy and opportunity to extend his/her personal influence than before, and that Taiwan was hence led by a government whose executive and legislative power came hand in hand becuase the ruling party not only able to organize the Executive Yuan but it also comprised the absolute majority in the Legislative Yuan, after the 2008 election. All taken into considertations, this dissertation aims to provide concrete suggestions as to the enhancement of the quality of the interactions between the Ministry of National Defense and legislators, from the analysis of such modifications. theoretically speaking, have to undergo the due processes to be implemented: the codification of law, a modification period, the abrogation of the inappropriate items of law, and a final evaluation by the Legislative Yuan. The findings are as follows: 1.The legislators' complaints about the unsatisfactory results of military policymaking may arise from a lack of opportunity for them to participate in the early processes. 2.Failure in establishing complementary measures for voluntary military recruitment before it reaches the Legislative Yuan, as well as a flimsy theoretical basis on which the Ministry of National Defense argues for it, make it difficult to persuade legislators that they should implement the new policies. 3.Legislators’ common worries about an imminent though transient threat, of a laspe of national armed force, which is deemed to be highly likely to result from such a change, have not been officially accounted for by the Ministry of National Defense. This prevents the legislators from agreeing to it. 4.The lack of effective communication among stakeholders of the policy impedes its implementation. 5.The lack of careful evaluations and an inclusive framework, make it controversial and legislators hate it. 6.Legislators are not proficient in the policymaking in terms of national defense, so the need more communication. 7.Negotiations are sometimes based on other commercial purposes. 8.Individual legislators, if necessary, are coerced to conform to the ideology upheld by their greater political party. The Ministry of National Defense has also to take into accounts the benefits of political parties.

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