On January 15th, the most recent ses-sion of the Legislative Yuan adjourned, thus bringing the Third Legislative Yuan to a close as well. This session passed a total of 67 pieces of legislation, thanks to the fact that within the final 38 hours legislators pushed through a total of 22 laws with some thousand articles. What impact will these laws have on the nation's public and social life?

After ROC legislators and their colleagues from the Secretariat of the Legislative Yuan (LY) labored deep into the night, the Third Legislative Yuan was able to push through 22 new laws.

Of these, the completion and revision of the "Law of Executive Procedure," the "Organic Law of the Administrative Courts" and the "Organic Rules and Principles for the Administration of the Ministry of Justice" make the administrative law of the ROC more complete. The future administrative procedures of the government must be more open and fair, and the people's right to participation must be given greater weight. For example, prior to the determination of executive orders and the undertaking of administrative disciplinary action, the people have the right to read relevant documents, and to hold public hearings or debates.

Laws related to the media were also one highlight of the legislature's finale. Firstly, the LY rescinded the Publication Law, which had been in effect for nearly 70 years. In the future, publications need not register in advance of printing, and such punishments as once might have been imposed after publication, such as confiscation, closure and fines, have all been done away with. Related publishing regulations, such as the control of sexually explicit materials and salacious advertising, will be referred to laws and regulations governing criminal offenses, sexual misconduct involving minors, or sexual harassment. As for awards or stipends previously stipulated by the Publication Law, the Government Information Office (GIO) will facilitate them through additional regulations, or they will be given through private organizations or national cultural foundations.

The rescission of the Publication Law is an action of the ROC that, following the lifting of martial law and the discontinuation of newspaper censorship, once again reinstates constitutional law and guarantees human rights. Legislator Yeh Chu-lan, whose husband Cheng Nan-jung burned himself to death in the struggle to win freedom of speech, believes the Publication Law was a tool during the martial-law era for the suppression of free speech, and its rescission will allow the people to enjoy genuine freedom of speech. Attorney You Ying-fu notes that the Publication Law has in fact seldom been used since the lifting of martial law, and believes the meaning of the current step of rescinding the Publication Law is to announce the government's dedication and determination to guarantee freedom of speech and to concretely practice the ideals of democracy and popular government.

In addition to eliminating laws no longer in step with the times, two pieces of media legislation were passed in response to current trends. Firstly, the "Cable Television Law" was amended to incorporate radio broadcast content, and retitled the "Cable Broadcasting Law." The revised statute relaxes restrictions on cross-media business operations, removing the ban on the chairman or CEO of a print news enterprise, broadcast television station or radio enterprise being the applicant for a cable TV station license. It also abolished the original stipulation that "those operating a central telecommunications enterprise" may not apply to operate a cable TV station. It added the restrictions that no single operator, together with its affiliates, may account for more than one-third of all systems in operation or one-third of all households in the country; and not more than one-fourth of the stations on a given cable network can be owned by the network itself.

GIO radio and television affairs office director Hung Chiung-chuan remarks that liberalizing cross-media operations is a trend in international media, and is beneficial to the development of pluralization.

Yet many scholars and experts are critical, saying that it assists the two major consortia Hohsin and Rebar in their plans to expand operations, but is not very useful in preventing monopoly. Many academics and media figures, including National Chengchi University journalism professor Chen Shih-min, National Taiwan University Graduate Institute of Building and Planning associate professor Bih Herng-Dar, and Contemporary Monthly editor-in-chief Chin Heng-wei, object that many legislators are themselves cable television operators, yet they have not withdrawn in order to avoid a conflict of interest. In actuality, Taiwan's two major cable TV consortia have both already begun to establish wide-band networks islandwide, and the intense competition in the cable TV market has already spread into the area of wide-band networks.

In addition, the domestic cable television market has increased its openness to foreign investment, and foreigners can directly or indirectly own up to 50% of the stock. The central government has also authorized local governments to manage local cable television operations, stipulating that operators grade their programs and sign formal contracts with subscribers to ensure the rights of consumers.

Another important broadcasting law is the "Satellite Broadcasting Law," which covers a variety of uses for direct satellite broadcasts, including Internet transmission and pay-per-view channels. It legalizes and opens up satellite television operations in Taiwan, ending the era of unregulated satellite broadcasting, and also opens this sector to foreign investment, with a 50% investment ceiling.

In order to stimulate the housing market, a hot topic of discussion of late, the Income Tax Law and the Land Ownership Taxation Regulations have both been partially revised: The land ownership transaction tax has been reduced from 7.5% to 6%. The income tax code's itemized deduction for mortgage interest has been increased sharply from NT$100,000 to NT$300,000. Additionally, the Legislative Yuan passed the "Regulations Governing the Building Construction Industry." In the future, construction companies must register with the local industry association nearest the site of development before beginning operations. They must also provide a security deposit to establish a guarantee trust for the protection of their investors' rights. A system of licensing is to be established within three years, as are regulations governing the real-estate brokers.

Two important pieces of legislation were passed in regard to educating the populace. The "Citizens' Education Law" was modified to encourage private individuals to engage in private education. The principle of "nine years of continuous compulsory education" was revised to state that "curricula shall center around students' all-round mental and physical development and emphasize continuity." The "Regulations for the Establishment of a National University Academic Administration Fund" were passed. In the future, the Ministry of Education (MOE) must examine the institutional requirements of each national university, and if the funds raised by any university exceed 20% of its average annual expenditures, the MOE must consider setting up an institutional trust fund. The trusts will be overseen by the MOE and managed by the individual institutions.

Other legislation included partial revisions to the Fair Trade Act, which addresses consumer rights. The revisions incorporated multi-level marketing enterprises within the law, on the principle of "administrative action first and judicial action second." Fines were increased one-hundredfold, with a ceiling of NT$100 million, and the prison terms for various offenses were also increased. The Fair Trade Commission may in the future levy fines to strengthen deterrence. The "Regulations for DNA Sampling for Sexual Crimes" stipulate that persons prosecuted for or suspected of sex-related crimes must submit to DNA testing, and the relevant authorities may use the samples to develop databases. Legislator Chu Hui-liang stresses that the creation of a DNA database is necessary, because violent sex offenders may otherwise escape punishment due to the difficulty in gathering evidence.

Although the Legislative Yuan passed several pieces of legislation, they have yet to rule on a veritable mountain of other articles. For example, investors are concerned that revisions to the "Financial Transactions Law," which would give several different incentives to the stock market, could not be passed before the deadline. These unaddressed bills await the attention of the Fourth Legislative Yuan, which convenes February 1.