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  4. The national legislature investigates the research of the power--And talk about my country Legislative Yuan to investigate the legalization of the power
 
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The national legislature investigates the research of the power--And talk about my country Legislative Yuan to investigate the legalization of the power

Date Issued
2006
Date
2006
Author(s)
lwo, Chien-Chen
DOI
zh-TW
URI
http://ntur.lib.ntu.edu.tw//handle/246246/57134
Abstract
The national legislature inquisition power originates England, afterwards other all countries popular grass to suppress, is a democratic nation country.
Would under the government system that power sign separately, a necessary assistance power.
National legislature's investigating the meaning of the power to lie in it is(1) the national legislature inquisition power to is the national legislature that inspects the administration process direct power;(2)In the national legislature launch the lawmaking procedure, national legislature's investigating power is to launch lawmaking procedure, the development assistance legislative power of[with] lawmaking intelligence, information;(3)The national legislature inquisition power is the right principle that knows according to the citizen to develop the national legislature original rights of the constitutional government function.
The national legislature investigates the basic principle of the power system back lies in the fulfillment power then for cent to sign, rule of law principle, the responsibility politics, human rights guarantee, the citizen knows of the guarantee etc. of[with] right.
The national legislature investigates the power system to have no restriction not, all needing to have certain restriction for witness' right, the administration privilege and the judicature, for example not from certificate the Yuan of the personal offense, the administration privilege uses with judicial independent etc..
Represent the democratic nation of sex in, the United States is the model that carries out the national legislature inquisition power system, establishing it to hear the public's trust that the certificate system, national legislature investigates power in the many times in the past major history case(as Watergate case), also developing the function of the check and balance ; The British is a national legislature to investigate the origins of the power system, a few systems all is custom it first, if the witness takes an oath the method etc., its" the administration inspects to make" system also develops a style of one's owns ; The national legislature inquisition power system of France isn't needy, carrying out however up but without certain result, the committee establishes very few, even establishing, also becoming the tool that the government manipulates ; The national legislature of Germany investigates power to go into constitution, the legal source is rather complete, even passing to investigate the committee method its special features to lie in to distinguish analysis the acknowledgement that the scandal inquisition committee and lawmaking investigated committee, few powers in 2001, compulsory power it give, personal guarantee of the rights etc.; The country Zheng inquisition power of Japan is similar into the constitution, similar separate often the term the committee and the hoc committee, it keeps secret an obligation, power to sign for cent at the public official, don't invade proper realm of judicature of the judicial precedent is rather many, can be a reference.
Our country is fixing a method to explain with Lord Chancellor to make many times in the past under, constructed national legislature to investigate the embryo of the power gradually, release a word on the 325th explain first is put forward a document to survey power, thereafter, each legislator puts forward Legislative Yuan inquisition method drafted plan in succession ; Along with release a word No.461 explain and release a word to explain on the 498th of make, enrich the content of"be queried an obligation", and really adjust the meeting regulation and release a word No.585 explain, explained the meaning, content of"national legislature investigate power" with one action, and my country will improve a direction in the future ; The government information public the method announced to public the administration privilege to exercise of boundary, and the Law Governing Legislators' Exercise of Power revises drafted plan, also toward investigate the power learning with foreign national legislature and keep up with of the direction moves forward.
The future suggestion lies in hoping to have an explicit legal source, and revises a Law Governing Legislators' Exercise of Power, And consider to introduce German few power provision, "independent public prosecutor" in the United States system or"the national legislature inspects to make" in England system etc., end, should as soon as possible sound and related legal system, build up usual practice.
Subjects
釋字五八五號解釋
權力分立
The national legislature investigates power
releasing a word to explain on the 585th
really adjusting the meeting regulation
power the cent signs
Type
thesis
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