1989 / 2月
其次他認為政治性的法律沒有絕對的公平，也非不能修改的，只要在精神和原則上能共同接受的話，不必太斤斤計較細節。政大三民主義研究所客座副教授邵宗海換個角度從經濟層面出發，他認為國內的許多問題諸如環保、勞工、乃至政治，都相當區域性，只有經濟關係整個台灣的氣運，因為經濟吸納了台灣大部分的人口，所以他希望大家不要把眼光限於這三個法案上，為了這些法案浪費大量的人力和資源。尤其政黨應該把眼光放遠，別在無謂的爭執中喪失了民眾的期許，否則，一旦因為這些法案的延宕，導致許多公共政策無法通過與運作，國家經濟走下坡，很可能會輸掉整個寶島。 台大政治系副教授彭錦鵬說「人團法」和「選罷法」目前並無重大原則性的爭議，只是枝節問題，可由立法的技術性解決。只有「退職條例」，是政治發展的主要環節，政治發展必須掌握時機。「從民國七十五年至今，這三年可說是中國政治有始以來，唯一施行民主政治最有希望的時間」，因此如何使民主政治儘快進入軌道，是全民一致的願望，兩黨應該更開放、前瞻，以人民的利益來衡量，所以不妨先讓這些法案通過，再看結果如何，讓人民來裁判才合理。 政治大學法律研究所教授蘇永欽從法律的觀點出發，也認為民進黨可以先讓「退職條例」通過，再看結果如何，因為「退職條例」是一種措施性的法律而非遊戲規則，是為了解決某一階段的某一具體問題，亦即這個條例主要針對第一屆的中央民代，而非所有的中央民代，民進黨何不讓執政黨開出支票，看能不能在三、四年之內達到全面改選，到時候民眾自然會判斷。 邵玉銘局長在最後也暫時拋開局長的身分，以他從事學術研究多年的學者立場，提出幾個感想。
Daisy Hsieh /tr. by Phil Newell
In recent years, the government has been actively promoting legal reform. In this process, the "three major bills" (comprising bills for amendment of the election and recall laws of the Temporary Provisions for the Period of Rebellion, a draft bill for civic organizations during the period of emergency, and the regulations for retirement of senior legislators from the first parliamentary session) have been the focus of both government and public attention.
In order to help pass these bills as early as possible and secure the promotion of constitutional democratic government, Government Information Office Director-General Shaw Yu-ming held a special seminar. Specialists and scholars who had neither a hand in making up the bills nor were already opposed were asked to discuss these bills from a relatively fair, objective angle, in the hopes of raising public awareness and contributing toward a consensus.
On January 5, nineteen political scientists and sociologists from Taiwan's major institutes and campuses met at the GIO conference room, with Director-General Shaw as moderator, where they discussed the bills on election and recall, civic organizations, and retirement of senior legislators.
Taiwan University Professor Lu Ya-li spoke first. He considered that the contents of the organization law were very good in themselves; if the open registration system is adopted for the establishment of political parties, then it would be acceptable to all. The election law requires some amendment based on accumulated experience. The retirement law is the most problematic; besides practical political and legal considerations, there is the complex historical problem.
He explained that these senior representatives have already served forty years. There is no basis in the constitution for forcing them to retire, so people should accept this historical burden and seek moderate, reasonable solutions--only then can society progress. Finally he emphasized that a delay in these laws means a delay in dealing with other public policy in the Legislative Yuan, with the public the ultimate losers.
Hsieh Zui-chi of National Taiwan Normal University believes the retirement law to be most important, because it involves reforming the parliament and establishing the foundation for the democratic spirit of the constitutional rule of law. The organization law is to give political parties and private associations a basis in law, while the election law aims at strengthening public authority to ensure fairer elections. Professor Hsieh argued that stable growth is the best guarantee of the fortunes of the island's 20 million people. Political, economic, or social chaos could have unanticipated consequences.
Lei Fei-lung of National Chengchi University believes that, in the retirement law, we should affirm the contributions of the senior legislators and guarantee their post-retirement lives. The organization law's main aim is to standardize social and political associations. Currently Taiwan has nearly 20 political parties. It would be better to have the open registration system and bring all of them within the standards. In the election law, there's no harm in making it more lenient; it's enforcement should be made stricter.
Soochow University's Kuo Jen-fu sees the organization law as most important because multi-party politics is now taking shape. The main objection of the Democratic Progressive Party is to the inclusion of the three principles of the National Security Law (must respect the constitution, cannot advocate Communism, cannot divide the national territory) as conditions for political parties. Kuo said: "Games must have rules." These three principles are the guarantee of the basic constitutional structure, should be the consensus for all citizens, and absolutely must be included in the organization law.
Tsao Chun-han of NTU suggests that in all the fuss over the retirement law the senior legislators themselves have been overlooked. "In the whole process they just sit passively, ignored, and this deepens their resistance." Tsao said that neither words nor money will satisfy them. Praising them in the law won't be as effective in getting it passed as involving them in the process.
Chengchi University's Li Kuo-hsiung says that currently we are undertaking political reform, not revolution, and it is necessary to reform on the basis of respecting tradition; only then will political order be undamaged. He further opined that there is no absolute fairness in political laws, and nothing that can't be amended. What's important is consensus on the spirit and principles; there is no need to be exacting on small details.
Shao Tsung-hai of Chengchi University took the economic perspective. He considered environment, labor, and political problems as sectoral. Only the economy affects the fate of all Taiwan, and he hoped political parties would look ahead and not disappoint the expectations of the people in meaningless disputes. Procrastinations on these laws could lead to failure to pass or effect public policy. If the economy goes downhill, the whole island could be lost.
Peng Chin-peng of NTU argued that the retirement law most urgently affects political development. Calling the last three years "the period of the greatest hope for the implementation of democracy since the origin of Chinese politics," he said getting democracy on track is the unanimous hope of the people and urged political parties to concede on the laws and let the people judge the results.
Su Yung-chin of Chengchi University took a legal perspective, urging the DPP to allow the retirement law to pass since it is a specific measure to solve a concrete problem, not a "rule of the game" affecting all legislators. See if the ruling party can achieve complete reelection of the parliament within three or four years, at that time the people will judge.
Finally, Shaw Yu-ming stepped out of the role of GIO chief and into his former role of scholar to express his views. He argued that, first, democratic politics means the politics of responsibility. If the ruling party's proposed laws are not passed, how can the people know if it can really solve problems? Second, problems of the constitutional system should be solved by laws within the system; going outside the system could lead to a cycle of violence. Also, based on other nations' histories, improvement of the constitution is a gradual process. The ROC's constitutional history is short. Perhaps the con stitution is not ideal, but it should grow with society. Extreme measures could create aftereffects. Finally, the principle for resolving political problems is to select the lesser evil; this is the current principle for reform of the ROC constitutional structure.