Lobbying Act Has Not Served Purpose|遊說法實施已12年 登錄案件僅424件 - 公視新聞網

Lobbying Act Has Not Served Purpose|遊說法實施已12年 登錄案件僅424件


The Sogo bribery scandal has highlighted the fact that the Lobbying Act has not succeeded in preventing such crimes. Some criticize the act is outdated and needs to be amended.


Numerous legislators have been implicated in the Sogo bribery scandal. Democratic Progressive Party Legislator Su Chen-ching and Kuomintang lawmakers Sufin Siluko and Chen Chao-ming have been detained. The Legislative Yuan's image has been damaged, and it has become obvious that the Lobbying Act, which was supposed to promote transparency, has not served its purpose.

Statistics show that since the act was promulgated 12 years ago, only 424 lobbying cases from the central government level to the local government level have been registered, and 317 involve the legislature. Legislators say the act is out of touch with reality and needs to be amended. Many petitioners don't wish to be registered in government documents.

The majority of these petitions are not related to benefits or are not quid pro quo. So our Lobbying Act can be amended. Elected officials and government officials both need to be familiar with their own conduct and legislation. They shouldn't believe they're infallible or think they're so smart that they won't be caught.

Related regulations should be amended more thoroughly. According to the Supreme Court's stricter definition, only a "quid pro quo" relationship constitutes punishment on the grounds of bribery. In other words, there must be a direct relation between the illegal interests being provided and the specific performance of a public officer. However, how to identify if such a quid pro quo relationship exists is where we usually run into problems.

Former New Power Party Chairperson Hsu Yung-ming was also detained but posted bail. NPP Legislator Chiu Hsien-chih said he will propose amendments to the Anti-Corruption Act to crack down on illegal gifts and lobbying. Citizen Congress Watch said the current Lobbying Act is insufficient. For example, civic groups and registered companies must register with the Legislative Yuan to lobby legislators. However, lobbying targets are not disclosed in records, so there isn't any transparency.

Although lobbying cases have been registered, you can't find whom the lobbying activities targeted. When a business lobbies based on established procedures and laws, society should be able to accept this.

Citizen Congress Watch said public opinion believes all lobbying is unethical, and even people who lobby through accepted channels will be seen as trying to gain benefits. As a result, many people prefer to lobby privately. It says the law needs to be amended and stereotypes must be eliminated. Even if lobbying is successful, a firewall mechanism still exists in the deliberation process that will block suspicious laws.



立委集體捲入sogo涉賄案,震撼各界,民進黨立委蘇震清、國民黨立委廖國棟和陳超明,都遭羈押禁見,不只重挫國會形象,也讓被視為陽光法案的遊說法形同虛設,根據統計,遊說法上路12年以來,從中央到地方政府,登錄的遊說案只有424件,多數集中在立法院,有317件。

立委坦言,遊說法已經跟現實明顯脫鉤,有必要修法,很多陳情人不願意被登錄在政府文件。

民進黨立委 鄭運鵬表示:「大部分的這些陳情的事情,都跟利益跟對價其實也沒有關係,所以其實我們這個遊說法,是可以修。民意代表也好,然後官員也好,他要對自己的操守,跟法規要熟悉。然後不要自以為是,覺得自己很厲害,一定抓不到。」

時代力量立院黨團總召 邱顯智表示:「相關的制度,本身就是應該要去徹底的去規範。因為現在的貪汙,事實上,它如果按照最高法院,比較這個嚴格的定義的話,它要法定職務收買,也就是說要有職務的對價,那通常在這個地方的時候,就會發生了困難。」

時代力量前黨主席徐永明涉貪獲得交保,邱顯智仍強調,將提案修正貪汙治罪條例,增訂不法餽贈罪、不法關說罪。公督盟則指出,現行的遊說法有許多瑕疵,像是民間團體、公司行號向立院登記,要對立委遊說,但事後要查遊說對象,只會顯示全體立委,根本沒有公開透明。

公督盟副執行長 田君陽表示:「就算你有登記,實質上也查不到,他到底對誰進行遊說,當一個廠商按照既有程序,按照法規來遊說的時候,社會應該給予正面的肯定。」

公督盟表示,台灣普遍民意,將利益代表妖魔化,導致民眾循正常管道進行遊說,會被解讀有利益交換,蒙上汙名,寧可私下喬事情,公督盟認為,除了遊說法修法,國人也需要破除刻板印象,就算部分立委被遊說成功,但立院審查時仍有防火牆機制,擋下有疑慮的法案。

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