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    Title: 選區劃分之理論與實踐 : 以立法委員選舉為例
    Other Titles: The theory and practice of electoral district delimitation : a case study of legislator election in Taiwan
    Authors: 林亮宇;Lin, Liang-yu
    Contributors: 淡江大學公共行政學系公共政策碩士班
    蔡宗珍;Tsai, Tzung-jen
    Keywords: 立法委員;選區;選區劃分;傑利蠑螈;複數選區不可讓渡投票制;單一選區二票制;公告;Legislator;Electoral District;Electoral District Delimitation;Gerrymandering;Single Non-Transferable Vote- Multi Member District (SNTV-MMD);Single Member Districts System and Two Votes System;Proclamations
    Date: 2006
    Issue Date: 2010-01-11 04:46:38 (UTC+8)
    Abstract: 憲法施行以來立法委員的選舉方式幾經變化,於2005年修正通過之憲法增修條文第4條第2項規定,區域代表係由「按應選名額劃分同額選舉區選出之」,憲法增修條文並未明文規定該如何劃分此一同額選舉區,而在2006年2月3日修正公布之公職人員選舉罷免法第42條規定是否妥當?而如果民眾對於劃分之結果有所不服,有無可能救濟?如果得以救濟,則該循何種方式救濟?對此問題,本文從探討選區劃分之關連要素開始,包括參政權與選舉權、選舉制度與席次配置、選區之意義與劃分標準、選區劃分機關與傑利蠑螈等議題,深入研究2005年修憲前後立法委員之選舉制度與選區劃分相關問題,對於選區劃分結果不服時,則試圖建構完整的救濟制度,並提出修法建議。
    Since the Constitution is executed, the electoral method of legislator has passed through several changes. In the Additional Articles of the Constitution passed in 2005, the local representatives are selected among the same size of electoral district by dividing the elected quota. In the Amendment of the Constitution, it does not stipulate explicitly on how to divide such a same volume of electoral district. Is the Election And Recall Law remodeled and published on 3rd February, 2006 appropriate? If the citizens do not satisfied with the result, is there any way to remedy? If there is a way, what kind of remedy we should follow?Regarding this question, we start to discuss from the correlation element of electoral district, including Suffrage and Voting right, System of Election and the allocation of seat, the meaning of electoral district and the standard dividing, the origination of dividing election district and Gerrymandering. We will go down to the system of election for legislator and relevant problem of dividing electoral district in around year 2005. If disagreeing with dividing result of electoral district, you can try to construct a completed remedy system and propose remodeling the regulation.
    We found 1. The revolution of electoral system did not succeed because the rationality of administrative divisions is not considered. 2. The regulation of electoral system in the Additional Articles of the Constitution is still open to discussion. 3. The ratio and seat allocation of political party is not calculated accurately, the ratio of possible and gained seat may have big difference. 4. If the foreign residents are excluded from the representative selected according to the ratio of political party, the regulation for foreign residents is not meaningful any more. 5. Standard of electoral district delimitation is not regulated by law, causing the un-compulsory of current division standard; it does not differentiate the different of first division and re-division. 6. The uncompleted regulation of the remedy for disagreement of the electoral district delimitation result; if the citizens refuse to accept it, so many problems will occur.
    We propose below suggestion in regards with so many questions: 1. The first execution of SNTV-MMD. Electoral district delimitation should take the equivalence of population as the priority standard. 2. Cooperating with Executive Yuan census-taking every ten years; regulating 10-year as a circle of time for re-division of electoral district. 3. In the election proclamation, we should regulate that the political party or candidate participated in the election within the electoral district can propose Administrative proceedings toward the contents of proclamation. 4. We should establish an origination specifically responsible for electoral district delimitation, whose member should be approved by parliament. 5. We should consider that if the administrative division should be re-adjust or at least considering breaking through the division method based on county and city. 6. We should create a new regulation, which is to design an extraordinary procedure of lawsuit, and the lawsuit are proposed by citizens disagree with electoral district delimitation.
    Appears in Collections:[公共行政學系暨研究所] 學位論文

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