台灣地方自治民主化之研究：歷史制度主義觀點
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2015
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1949年，內戰失利，國民黨政府播遷來台，長期實施軍事戒嚴威權統治，「黨外」人士為推動「台灣民主化」而長期抗爭，最後在美國壓力下，蔣經國總統在1987年7月15日宣布「解嚴」，解除黨禁、報禁，並開放大陸探親。
1988年1月13日，蔣經國總統過世，李登輝總統繼任，因為「萬年國會」藉機修憲擴權，引發「野百合學運」抗爭，改變「台灣民主化」的「制度選擇」方向。李登輝總統主政期間，先後召開了「國是會議」和「國家發展會議」，邀請朝野領袖與會以凝聚改革共識，這種「體制外的政治協商」先行，再進行「體制內的修憲修法」的作法，依序完成了「終止動員戡亂」、「制定增修條文」、「國會全面改選」、「總統直接民選」等民主化指標。
地方自治是組織地方政府的方式之一，實施地方自治必須具備「在憲法及法律授權下，依法劃定國家領土的一部分，在上級政府的指揮監督下，依法選舉地方公職人員，以地方的資源處理地方事務，並且受上級政府委託辦理委辦事項」等條件，「台灣民主化」次第完成的過程中，「台灣地方自治民主化」亦隨之落實，依序完成了「地方自治法制化」、「省(市)長民選」、「政府再造」的「精省作業」、增訂「準直轄市」條款、增訂「行政區劃」條款，「縣市改制升格直轄市」等目標。
因此，「台灣民主化」的「制度選擇」，決定「台灣地方自治民主化」的「制度變遷」。本文擬從「歷史制度主義」觀點，分析《台灣民主化》對《台灣地方自治民主化》的影響，並嘗試回答下列三個問題：
一、「台灣民主化」動力和模式的內容為何？
二、在「台灣民主化」過程中，主要行動者的決策思維對制度選擇的影響。
三、「台灣民主化」的「制度選擇」影響「台灣地方自治民主化」的「制度變遷」的內容為何？
研究發現，「台灣民主化」不是完成式，而是進行式；在「台灣民主化」過程中，已建立「憲政民主」和「定期改選」的形式條件，朝向「善治」和建立「關鍵績效指標」方向努力。「台灣地方自治民主化」不是完成式，也是進行式；在「台灣地方自治民主化」過程中，已建立「地方自治法制化」和「定期改選、機關對立、分權制衡」的形式條件，朝向「跨域治理」和鼓勵「區域合作」的方向努力。
After being defeated in civil war, the KMT government retreated in 1949 to Taiwan, promulgated the "Order of Martial Law", and ruled by the law for more than 38 years. At that time, non-Party democrat kept fighting for Taiwan democratization, the martial law was finally lifted by the President Chiang Ching-kuo on July 15, 1987 under the pressure imposed by America, and the following were a series of deregulations which included lifting the ban on newspaper publications, political parties and allowing people to visit relatives on the mainland. On January 13, 1988, the President Chiang Ching-kuo died at the age of 78, Lee Teng-hui succeeded as president. Due to the non-reelection Congress intended to extend power by amending the constitution, students from universities gathered at Memorial Square to sought direct elections of president and vice president and new popular elections for all representatives in the National Assembly, which was called “Wild Lily student movement”. The demonstration altered the direction of “Taiwan democratization” and “institutional choice”. During the term of office, in order to condense the common sense of reform, Lee Teng-hui invited the ruling and opposition party leaders to participate the “National Affairs Conference” and “National Development Conference”. Through the approach from "political consultations outside the system," to "constitutional amendment to amend the law in the system" , Lee sequentially completed some index of democratization, such as "termination of Communist Rebellion", "enactment of the Amendment of the Constitution ", " complete re-election of national legislature," " direct election of president and vice president, "and so on. Local self-government is one of the ways to organize local governments. To implement local self-government should meet the following conditions: being authorized by constitution and law to delimit territory; electing the representatives in the National Assembly under the control and supervision from higher level of governments; using local resources to deal with local affairs; accepting the delegation coming from higher level of governments. “Taiwan local self-government democratization” was gradually carried out in the perfecting process of “Taiwan democratization”. Legalization on local self-government, popular election of province governor and mayor, streamlining the province to rebuild government, uploading of “quasi-direct-controlled municipality” clause, “administration division” clause, and “reorganization of counties upgraded as special municipalities” are the accomplishments. Hence, the “institutional choice” about “Taiwan democratization” decided the “institution change” about “Taiwan local self-government democratization”. This thesis will use the perspective of historical institutionalism to analyze the effects of the “Taiwan democratization” imposed to “Taiwan local self-government democratization”, and try to answer the following questions: 1. What are the power and types of “Taiwan democratization”？ 2. To analyze the effects of thinking of the main decision makers in “Taiwan democratization” progress. 3. What are the effects of the “Taiwan democratization” imposed to “Taiwan local self-government democratization”？ The answers of above questions through research are that the “Taiwan democratization” is not “perfect tense” but “perfect tense”. We had made the constitutional democracy and periodical re-election institutions. We effort to create “good governance” and “key performance indicators”now. The “Taiwan local self-government democratization” is not “perfect tense” but “perfect tense”, too. We had made the rule of law, institutionalized, periodical re-election, check and balance institutions. We effort to create “across boundary governance” and “regional cooperation”.
After being defeated in civil war, the KMT government retreated in 1949 to Taiwan, promulgated the "Order of Martial Law", and ruled by the law for more than 38 years. At that time, non-Party democrat kept fighting for Taiwan democratization, the martial law was finally lifted by the President Chiang Ching-kuo on July 15, 1987 under the pressure imposed by America, and the following were a series of deregulations which included lifting the ban on newspaper publications, political parties and allowing people to visit relatives on the mainland. On January 13, 1988, the President Chiang Ching-kuo died at the age of 78, Lee Teng-hui succeeded as president. Due to the non-reelection Congress intended to extend power by amending the constitution, students from universities gathered at Memorial Square to sought direct elections of president and vice president and new popular elections for all representatives in the National Assembly, which was called “Wild Lily student movement”. The demonstration altered the direction of “Taiwan democratization” and “institutional choice”. During the term of office, in order to condense the common sense of reform, Lee Teng-hui invited the ruling and opposition party leaders to participate the “National Affairs Conference” and “National Development Conference”. Through the approach from "political consultations outside the system," to "constitutional amendment to amend the law in the system" , Lee sequentially completed some index of democratization, such as "termination of Communist Rebellion", "enactment of the Amendment of the Constitution ", " complete re-election of national legislature," " direct election of president and vice president, "and so on. Local self-government is one of the ways to organize local governments. To implement local self-government should meet the following conditions: being authorized by constitution and law to delimit territory; electing the representatives in the National Assembly under the control and supervision from higher level of governments; using local resources to deal with local affairs; accepting the delegation coming from higher level of governments. “Taiwan local self-government democratization” was gradually carried out in the perfecting process of “Taiwan democratization”. Legalization on local self-government, popular election of province governor and mayor, streamlining the province to rebuild government, uploading of “quasi-direct-controlled municipality” clause, “administration division” clause, and “reorganization of counties upgraded as special municipalities” are the accomplishments. Hence, the “institutional choice” about “Taiwan democratization” decided the “institution change” about “Taiwan local self-government democratization”. This thesis will use the perspective of historical institutionalism to analyze the effects of the “Taiwan democratization” imposed to “Taiwan local self-government democratization”, and try to answer the following questions: 1. What are the power and types of “Taiwan democratization”？ 2. To analyze the effects of thinking of the main decision makers in “Taiwan democratization” progress. 3. What are the effects of the “Taiwan democratization” imposed to “Taiwan local self-government democratization”？ The answers of above questions through research are that the “Taiwan democratization” is not “perfect tense” but “perfect tense”. We had made the constitutional democracy and periodical re-election institutions. We effort to create “good governance” and “key performance indicators”now. The “Taiwan local self-government democratization” is not “perfect tense” but “perfect tense”, too. We had made the rule of law, institutionalized, periodical re-election, check and balance institutions. We effort to create “across boundary governance” and “regional cooperation”.
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台灣民主化, 台灣地方自治民主化, 歷史制度主義, 制度選擇, 制度變遷, Taiwan democratization, Taiwan local self-government democratization, historical institutionalism, institutional choice, institution change