強制汽車責任保險法制定與籌備過程之回顧－兼論行政立法兩權互動關係

　　強制汽車責任保險法草案係於八十一年間由財政部研擬，經行政院審查後函送立法院審議，在立法院經過三屆立委任期，十次會期冗長審議，以及其間相關壓力團體、利益團體關心並影響的情況下通過，本文旨在說明該法立法與籌備過程之情節與阻力，藉以說明新制度建立之不易。

　　目前投保強制汽車責任保險之汽機車數量已逾一千四百萬輛，幾乎深入每一國人家庭，對社會安全而言，其重要性不言可喻。根據報載強制汽車責任保險法正擬全面修正，且社會大眾對於類似保險商品需求也日益高漲，介紹本法立法及籌備過程經驗，將其中累積之經驗與待改善之處公諸於世，可供未來有識之士參考，相信將有利法制之建立，並提升立法之品質。

關鍵字：強制汽車責任保險、保證金制度、利益團體、保險合作社、公聽會

A Review on Legislative and Preparatory Processes of Compulsory Automobile Liability Insurance Act －Also on Interaction between Executive and Legislative Rights
　　　　　　　　　　　　　　　　　　　　　　　　　　　
The Compulsory Automobile Liability Insurance Act (CALIA) was drafted by Ministry of Finance in 1992. After reviewed by Executive Yuan (the Cabinet), the draft was sent to Legislative Yuan (the Congress) in June 1992. After three terms of Legislator and ten sessions, the Congress finally passed it on December 13, 1996. During the legislative and preparatory period of the Act, it was concerned and influenced significantly by lots of the interest and related groups. This paper will discuss the details and impediments occurred in that period, and tell how difficult a new system built. Now there are more than 14 million cars and motorcycles have been insured with the Compulsory Automobile Liability Insurance. Almost every one with a car or motorcycle in Taiwan buys the insurance. This Insurance has already played an important role in our social security since 1998. According to the media report, this Act (CALIA) will be totally amended in the near future, and the public also calls for more similar insurance products. This paper submits the experiences and comments occurred in the legislative and preparatory processes of CALIA, and it will provide the followers more useful suggestions, and hope to improve the quality of more insurance acts.

Keywords: Compulsory Automobile Liability Insurance Act, deposit system, interest group, co-operative insurance society, public hearing