||"Lobbying", a common democracy operational practice, has a positive meaning to promote a political participation amount the public. However, an improper lobbying, which brings no benefit to the public, will destroy this mechanism and may imply an improper transfer of benefits. |
Therefore, to restrain improper lobbying, to process public policies in an open and transparent procedure, to fairly, efficiently, and reasonably distribute government resources, and to reflect the core value of democracy are all highly expected by the public. Today lobbying becomes a global trend. The Act aims to regulate elected legislators and government officials to open the lobbying they encountered. As we all know, Lobbying Act is highly politically sensitive, that makes the legislation technically difficult.
The studies we found that The Taiwan Lobbying Act has its weakness link. Such as if both of government chief and deputy are being lobbied, has the obligation to make a report to the organization where they serve. In the mean time, they are also supervising and managing the personnel in charging the monitoring improper lobbying activities. Such conflict, just like what we often heard, “The players are also the referees”. Thus, authorities should re-exam the objectives of making the Lobbying Act, raise the monitoring level to a higher authority that also entitled a proactive investigation right, clearly define difference between lobbying and intimation (or petition, clarification, and illustration), logging all lobbying, "custodial in discreet" all uncertain legal definitions, restrict elected officials in a revolving-door act to restrict them lobbying for their own benefits, as well as administrative and criminal coexistence of accountability mechanism, such as an amended Act . But, any government policy needs public support, the main key to success lies in the Government's determination.
Thus, the structure of this study is base on the basic principles, the administrative organization, the administrative authority, the administrative relief and the administrative supervision to research. Discussing the topic from documentary support and historical accumulations, from people's "right to express opinions" angle, we comprehensive review current Lobbying Act. And, thus, we hope that we could make useful suggestions to amend the act and to make the act operates better.