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The Polarization of Penal Legislation in Taiwan
bipolar,penal legislation,criminal policy,policy agendas,policy classification,
|Publication Year :||2019|
本文整理我國自1987年解除戒嚴令至2017年刑事立法法案共447筆，並運用Policy Agendas Project（PAP）編碼規則及兩極化刑事立法編碼規則將上述法案依照政策領域及立法傾向分類。
In 2005, the Legislative Yuan of Taiwan passed the amendments of Criminal Law and the Implication Act of Criminal Law, which was deemed by the Ministry of Justice as the mark of officially implementing the bipolar criminal policy. However, there have been few empirical research to verify whether the bipolar criminal policy is really put into practice under the context of policy agenda, and whether the answer differs between different areas of policy. Therefore, this paper will try to analyze the trends of penal legislation in all areas. More specifically, this paper aims to answer the following questions: Does the penal legislation tend to be harder or softer? In what areas of policy are penal legislation becoming harder? Do all areas follow the same pattern?
This study analyzes the criminal legislation of Taiwan from July 15th, 1987 to December 31st, 2017. After data cleaning, the final sample includes 447 amendments, and this study uses two coding system to classify the amendments, which are the codebook of the Policy Agendas Project (PAP) and the coding rules of bipolar criminal legislation.
The results show that the legislation tends to be harder, in terms of both percentage and totality, and the gap between the amounts of the harder ones and the softer ones are increasing. However, the tendency in each area of policy is not the same. Not only the tendency is different, the factors that affected the tendency of different areas are different as well.
This research contributes to both academic and practical fields. In the academic field, this research results can clarify and improve the theories of criminal legislation and policy agendas. As for the practical field, this paper questions whether the government of Taiwan executes bipolar criminal legislation, and suggests that the Taiwanese government review the tendency of criminal legislation. Furthermore, the legislators should be more cautious when amending the laws and should avoid populist legislation.
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