我國卸任元首禮遇制度之研究

我國卸任元首禮遇制度法制化，始於1978年5月3日施行之《卸任總統禮遇條例》，原本只有規範禮遇卸任總統的禮遇條例，於2001年6月13日第1次修法時，將副總統納入為禮遇對象，法律名稱修正為《卸任總統副總統禮遇條例》，本條例迄今共歷經四次修正。本研究藉由文獻分析、參與觀察、深度訪談等三種研究方法研析，最終獲致六項研究發現：一、卸任元首所扮演的角色，對國家社會仍有相當程度的影響力。二、本條例制定及歷次修正，有其時空背景脈絡，受到政治因素影響較為濃厚。三、我國卸任元首禮遇金性質上屬於對總統、副總統的特別禮遇，是隨任期長短而有的恩給制退職金；禮遇金金額尚在合理範疇。四、我國卸任元首「辦公事務費」金額雖較美國、法國、韓國為低，仍可透過募款或其他收益補足其辦公事務費支出不足之處。五、我國卸任元首安全維護勤務頻仍繁重；安全維護強度應視勤務狀況彈性機動；法定安全維護人員編制稍嫌不足；安全維護期限尚屬合適。六、卸任元首若因案遭羈押、服刑，事實上不能且亦無必要執行安全維護，應暫停安全維護禮遇。本研究最後做出四項研究建議供後續研究者或政府相關機關參考：一、卸任元首安全維護場次、執勤人數、使用經費等相關數據應公開，供社會大眾檢視。二、卸任元首禮遇金尚在合理範疇，應無修法降低禮遇金之必要。三、宜修正禮遇停止條件，增列「卸任元首遭羈押或判刑確定入監服刑，暫停其安全護衛」。四、卸任元首特種勤務申請應考量節目活動的性質、地區的特性，還有當地的預警情資等因素，勤務申請勿過於浮濫。

關鍵字

卸任元首；禮遇制度；禮遇金；特種勤務；特勤人員；安全維護

並列摘要

The legalization of the courtesy system of former heads of state in Taiwan began with the " Act of Courtesy for Former Presidents " on May 3, 1978. Originally, only the courtesy regulations for the resignation of the presidency were ruled out. On the first revision of the law on June 13, 2001, The vice president was included as a courtesy object, and the legal name was amended to the " Act of Courtesy for Former Presidents and Vice Presidents ". This regulation has been revised four times so far. This research has been analyzed through three research methods: literature analysis, participation observation, and in-depth interviews. Finally, six research findings were obtained: 1. The role played by the former heads of state still have a considerable influence on the national society. 2. The formulation and revision of this Regulation have its own background of time and space and are strongly influenced by political factors. 3. The nature of the courtesy system of the former heads of state in Taiwan is a special courtesy to the president and vice president. It is a graceful retired pension for the length of the term of office; the amount of the pension is still in a reasonable category. 4. Although the amount of "office expenses" of Taiwan's former heads is lower than that of the United States, France, and South Korea, it is still possible to make up for the shortage of office expenses through fundraising or other income. 5. Taiwan's former heads of state security guard services are still heavy; security protection strength should be flexible according to service conditions; statutory security protection personnel are slightly inadequate; safety maintenance period is appropriate. 6. If the former heads of state are detained or served a sentence because of the case, in fact it is impossible and unnecessary to perform security protection , and the safety protection courtesy should be suspended. The study concludes with four research recommendations for follow-up researchers or government agencies: 1. Relevant data such as the safety maintenance times, the number of security duty personnel, and the use of funds for the resignation of the head of state shall be made public for the public to review. 2. The pension of the former heads is still in a reasonable category, and there should be no need to amend the law. 3. It is advisable to amend the conditions for the cessation of courtesy and add the words “The former head of state is detained or sentenced to the prison sentence and the security protection is temporary stop”. 4. The application for the special guard service of the former heads should consider the nature of the program activities, the characteristics of the area, and the local warnings and other factors. The application for security guard service should not be too much.