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The Drafting and Practic of Referendum in Taiwan
This study features mainly four parts-the first part focuses on the voting theores, development process and the influence of the referendum, the second part on the introduction of the practices, the related issues and the influences of the referendum around the world, the third part on the legalization process of referendum in our Country, as well as the fourth part on the evalution and review of the referendum practices in Taiwan. Finally we try to put forward the foundings and suggestions from the study, hoping they will help deal with those difficulties and puzzles which we may face in the future during the referendum pratices and thus make them more complete and concise afterwards. The law of referendums was passed through the third reading of the legistrative Yuan on 27th Nov., 2003. Then it was announced by The President on 31, Dec., and put in effect on 1. Jan., 2004. It is indeed a milestone of our major progress toward the democracy. Before and after the referendum was put in effect, there were 29 referendum praticses in Taiwan, including 22 practices (before the referendum in effect) for the economy, environment protection and Union Vs. Independence…etc, one ( after the referendum in effect ) for the first ever done locally in Kao-Hsiung city on the issues of the Primary schools and the Junior high schools, 6 ( after the referendum in effect ) for the National issues-such as the enhancement of national defence, issues across the Strait…etc. After the evalutions and discussions on the application process, results, issues and effects as aroused from the referendums, We offer some suggestions to those related people wish talents and insights as reference. They are as follows: -1. The referendums should be reviewed by the judiciary process before they are put to practice. -2. The adoption of the consultative referendum. -3. The application of the merchanism on the constitutionally required initiatives and the referendum. -4. To respect the right of the referendum proposition by the government. -5. Properly revise the limits on the joint signature of the referendum so as to directly reflect the opinions of the public. -6. Popular initiatives on the co-existence of the legistrative initiatives and the principle initiatives; Popular referendums based on the optional initiatives of the people. -7. Constitutional and non-constitutional referendums should be decided by the public. -8. Due to the variations of the national interests and the internationally situational development, we will have to search for the global reconition and support before the application of the referendum, so as not to stimulate the intensity across the Strait. The application of the referendum symbolizes the illustration of the rights of the citizens. Certainly the referendum does not mean to solve all the problems. As we know, the highly politically complicated issues, and the international issues, are apt to be manipulated by the politicians in their own interests, as a result, they will only become the phony democracy. And what is worse, they may bring the conflicts social upset across the Strait. Therefore those in power while apply the referendum should be more intelligent and cautious. To Sum up, the referendum has a deep and profound influence on our way to democracy. Hopefully, through the past experiences from the referendum practices in Taiwan, we will gradually set the most complete and concise mode of the referendum practice as enough to meet any kind of the coming changes and challenges from the social situations.
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