從我國現行憲政體制論行政與立法之關係
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2007
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民主政治的真諦就是主權在民，人民是國家的主人，所以說人民的權力是國家最高的權力，政府的權力來自人民的委託，而人民投票的過程就是授權的結果。我國自2000年第一次政黨輪替後，因為政治環境變得詭譎複雜，更加上7次修憲的結果，造成現今中央政府體制紊亂，進而使立法與行政部門長期處在權力不均的衝突狀態，且該衝突的產生亦非單純是立法機關內部或行政機關個體因素所造成。
現代民主法治國家的憲法，莫不以權力分立、融合與制衡原則，作為架構其中央政府體制的基本原則。大部分的民主國家都是將政府的權力，依據三權分立原則，區分為行政、立法與司法三權，並將此三種權力分別歸屬於不同的政府部門行使。在司法權方面，各國大都均已肯認、接受「司法獨立」的基本原則，但是在行政與立法權方面，各國間則仍存在著相當大的差異。從英國式的議會內閣制，到美國式的總統制，乃至於以法國第五共和憲法為代表的所謂「雙首長制」等等，差異頗大。即令是所謂議會內閣制，在不同國家間也仍有相當大的制度差異。
憲法學上討論中央政府體制時，一般是以總統制、內閣制（議會制）及所謂半總統制（雙首長制）為代表類型。雖然上述各項制度的差異，主要是在行政權的歸屬上。但是，中央政府體制的建立，必須同時討論行政與立法兩權的歸屬及制衡的設計。此外，又因為實務上我國的憲政及政府的運作與政黨有著密不可分的關係，本文就是以上述三種主要的中央政府體制為軸心，擬探討在我國現行憲政體制下行政與立法間的關係，並兼論其與政黨之關係，以期能對我國現行之中央政府體制的問題處有更深一層的瞭解，並試著提出一些建議。
Abstract： The true meaning of democratic political is the sovereignty belongs to people. People is the national master, therefore people's authority is the national highest authority. Government's authority comes from people's turst, but the process of the people’s vote is the authorized result. Our country since 2000 first political party spell, because the political circumstances became complex and more 7 times unsuitable amending constitution, disorder the nowadays center government’s system. It causes the legislative and the administrative to be at a uneven conflict condition of the power for a long time. This conflict does not bring from the legislative or the administrative individual factor. The constitution of modern democratic country under the rule of law signed by separation or fusion and balance of powers are the basic principle which construct its center government’s system. Most of all democratic nations divide the power of government by the three separation of powers as a principle which is classified into three kinds of powers, the administrative, legislative and judicatory. There are some differences in the legislative and the administration between different countries. There are differences between the British parliamentary system, American presidential system and French semi-presidential system. Even the parliamentary system, there are also many differences between different countries. Generally, there are three kinds of government styles which are presidential system, parliamentary system and semi-presidential system. Main difference is the adscription of administration in the three styles. We must think about the design of adscription and balance in both the legislative and the administrative at the same time when we discuss the center government’s system. Besides, in our country circumstances there is a deep relationship with the operation of our constitution and government. The thesis will use the three government styles as a axis to treat the relationship between executive and congress of our current constitutional system－concurrent on the relationship with political party. For deeper understanding about the current central government system problem of my country, I would also try to give some suggestions.
Abstract： The true meaning of democratic political is the sovereignty belongs to people. People is the national master, therefore people's authority is the national highest authority. Government's authority comes from people's turst, but the process of the people’s vote is the authorized result. Our country since 2000 first political party spell, because the political circumstances became complex and more 7 times unsuitable amending constitution, disorder the nowadays center government’s system. It causes the legislative and the administrative to be at a uneven conflict condition of the power for a long time. This conflict does not bring from the legislative or the administrative individual factor. The constitution of modern democratic country under the rule of law signed by separation or fusion and balance of powers are the basic principle which construct its center government’s system. Most of all democratic nations divide the power of government by the three separation of powers as a principle which is classified into three kinds of powers, the administrative, legislative and judicatory. There are some differences in the legislative and the administration between different countries. There are differences between the British parliamentary system, American presidential system and French semi-presidential system. Even the parliamentary system, there are also many differences between different countries. Generally, there are three kinds of government styles which are presidential system, parliamentary system and semi-presidential system. Main difference is the adscription of administration in the three styles. We must think about the design of adscription and balance in both the legislative and the administrative at the same time when we discuss the center government’s system. Besides, in our country circumstances there is a deep relationship with the operation of our constitution and government. The thesis will use the three government styles as a axis to treat the relationship between executive and congress of our current constitutional system－concurrent on the relationship with political party. For deeper understanding about the current central government system problem of my country, I would also try to give some suggestions.
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總統制, 內閣制, 議會制, 半總統制, 雙首長制, 權力分立, presidential system ., parliamentary system, bi-cephalic executive system, semi-presidential system, separation of powers