監察調查權運作實務分析-以營業大客車事故案為中心

我國監察制度之由來歷史悠久，監察權是五權分立中的重要權力之一，目前由獨立的監察院來行使，在憲法的設計之下，監察權中的調查、彈劾、糾舉及糾正等權力屬於監察院之職權。而監察院在幾次修憲之後，已非中央民意機關，監察委員之產生方式改由總統提名，立法院同意之，監察權亦受到相當的限制。在我國民主政治運作與政黨輪替的過程中，有關監察院的存續爭議更是始終不曾停止。期間因為立法院由大法官的解釋取得一定之調查權權限，立法院的監督性權力自此多了一項調查權及原本的質詢權，因之立法院與監察院如何分工？成為一個重要問題，監察院存廢問題，更因之而被廣泛關注。本文以監察院自第3屆1999年起至第5屆2017年10月底期間，啟動調查營業大客車重大事故案為例，深入探討監察權行使之結果，及其與立法院監督性權力行使之不同處，進而分析兩者在監督行政權之功能發揮與責任的相互關係，以及監察權對於人權保障之可能貢獻。再進一步分析在我國現行憲政體制下，監察權存在之必要功能與重要性，並提出如何健全監察權運作與效益提升之建議方向。本文從實務案例分析發現，立法院監督性行政權運作，並不輕易啟動調查權，「質詢」權之行使尚難發揮監督實益。監察權實務運作雖受有侷限，對於行政權之監督與糾正，尚能發揮促其良善運作之積極作用，亦有實現人權保障之功能。鑑於獨立的監察機構乃國際趨勢，亦可滿足我國現況之需求，我國應重視憲政體制之監察權設計，強化監察權，落實匡正政府行政違失、增進行政效能及保障人民權益之功效。

關鍵字

監察權；調查權；彈劾；糾正；質詢

並列摘要

The supervision system has been established for a long time. It is one of the important powers in the Five-Power system and is exercised by the Control Yuan. According to the constitutional regulations, the powers of investigation, impeachment, censure and corrective measures belong to the Control Yuan. The members of the Control Yuan were no longer elected by local councils or overseas compatriot groups after several constitutional amendments. They are nominated and appointed by the President of the Republic of China with the approval of the Legislative Yuan; hence, the power of supervision is considerably limited. In the process of the operation of democratic politics in our country and the replacement of political parties, the controversy over the existence of the Control Yuan has never ceased. In accordance with the Shi-Zi-No. 585 Explanation of the Supreme Court Judges of the Justice Yuan, the Legislative Yuan shall have the investigation power. Therefore, it has not only the request power but also the investigation power. Since then it has been an important issue for the Control Yuan and the Legislative Yuan how to get the balance to exercise the investigation power.　Moreover, the existence of the Control Yuan has been discussed. This study explores the result of the implementation of the supervision power by reviewing the cases of major accidents of the business bus which were traced back from the third Control Yuan in 1999 to the fifth Control Yuan at the end of October in 2017, and recognizes the difference in investigation power between the Control Yuan and the Legislative Yuan, and then analyzes the relationship between the function and responsibility of the executive power and the probable contribution of the supervision power to human rights protection. Furthermore, this study also examines the necessary functions and importance of the supervision power under our country’s constitutional system and comes up with suggestions on how to improve the implementation and efficiency of supervision power. This study finds that when the Legislative Yuan supervises the executive power, it doesn’t open its investigation power easily, however, its power to request is difficult to play a supervisory role. On the other hand, although the Control Yuan has its limits to the implementation of the supervision power, it still has force in the correction and examination on the executive power, and it can still play an active role in making the executive power work well and the human rights protection achieve as well. There is an international tendency towards the set-ups of the independent ombudsman institutes. This trend is also be able to meet current requirements in our country. Our country should value the design of supervision power of the constitutional system, strengthen the implementation of the supervision power, adjust the administrative mistakes in order to increase administrative performance and protect people’s rights.