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行政院與立法院關係之研究－以「人性與權力」「權責相應」的概念加以分析
The Research of the Relationship between the Executive Yuan and the Legislative Yuan-The Analysis by the "Human Nature and Rights" and the Concept of the "Power and Duty Corresponding"
摘要
本文以人性論、分權論、均權說、權責相應說等憲政原理，加以論述我國憲法本文及四次修憲（1991、1992、1994、1997）以來行政院與立法院體制、職權之關係。本文發現，西方強調人性幽暗與權力制約為憲政建構之要旨。因此，政府分權、互相制衡、權責相應易於釐清。而我國以人性與權力的發揚分工合作說為要，加上制憲之時及之後長期處於戡亂體制之下，以「政治安定」為設計原則頗濃。因此，憲法本文中政府諸權強調分工而缺乏制衡，行政權獨大於立法權，加上修憲後賦予總統緊急命令權，國家安全大政方針、直接任命行政院長等修憲設計，造成「雙行政中心」，且出現國民大會、監察院與立法院分享立法權。在此雙頭多身的體制下，行政院與立法院權責都遭受到弱化。因此，如何正視「人性與權利」的制約、及強化與集中立法院（或未來國會之名、實）之職權與有效能的運作，方足以節制行政院（及總統）之權力，以達權責相符之憲政原理。
並列摘要
This article is based on the constitutional government theory of human nature, the theory of separation of power, the theory of equilibrium, and the concept of the power and duty corresponding. In addition to discuss the relationship of the system and power of office between Executive Yuan and Legislate Yuan in our constitution and 4th times amended in 1991, 1992, 1994, 1997.This article comes at the western society emphasize the gloomy human nature and power restrict are the main ideas to establish a constitutional government. Therefore government the separation of power, check and balance, and the power and duty will easy to make them clear. Therefore our country is focus on the human nature and enhance power to division of work and cooperation. In addition, the timing to restrict a constitution and for long term consider, under the system to suppress a rebellion. The devise principles is based on politics stable. However, the government power in the constitution is emphasized on division of work but too lack of restrict. Administration power is typically greater than the legislate power. Also give the president emergency order power after revised the constitution. The country's safety guiding policy was design to direct designate the premier power to revise the constitution and that caused duplicate administration center and it also appear a national assembly, Control Yuan and Legislate Yuan to share the legislative power. In the system of double headed and multi-body, the power and duty of Executive Yuan and Legislate Yuan both incure weakness. Therefore, how to face squarely restrict of the human nature and rights and to strengthen the job of Legislative Yuan (or the name of future congress) works efficiency. That can sufficient to restrict the power of Executive Yuan and the president to achieve a constitutional government principle of consistent in power and duty.