| 摘要: | 回歸後，特區政府明白到公眾參與的重要性，所以不斷完善本澳的諮詢制度。近年來，政府成立的諮詢組織不斷增加、重要政策在推出前亦舉辦諮詢活動收集市民的意見、〈公共政策諮詢規範性指引〉的推出令政府的諮詢活動更規範化。由此可見，特區政府的公共政策民主化程度不斷提高。可是，社會上仍然存在不少的質疑聲音，反映政府的諮詢制度仍存在不足。如〈公共政策諮詢規範性指引〉實施至今６年多，並沒有得到有效的執行，有的部門更加無視<公共政策諮詢規範性指引>的規定去進行諮詢工作，如西灣湖廣場綜合旅遊項目，引來很多議員的批評及社會的質疑。除此之外，社會上仍然出現對政府諮詢工作質疑的聲音，如“假諮詢＂、“諮詢疲勞＂、“諮詢過剩＂、“為諮詢而諮詢＂等質疑。
基於上述問題，本文主要通過蒐集各方面的數據整理分析澳門政府諮詢組織的現況，如成員架構、職能及分類等。同時探討〈公共政策諮詢規範性指引〉的成效與不足，發現〈指引〉的法律位階低，內容寬鬆，未有持續更新。政策是否需要諮詢的決定權亦掌握在行政機關手中，如果政府不開展公眾諮詢，市民亦無權要求政府啟動公眾參與程式。除此之外，亦總結出本澳諮詢制度存在的其他問題，如負責公眾參與的機構地位不獨立、諮詢密集、在公眾參與之前便已預設立場、諮詢活動欠規劃、諮詢時間過短或過長、缺乏諮詢結果的回應機制、諮詢組織中非官守成員的力量弱小、諮詢組織成員重覆兼任等問題，對於上述的問題，本文將參考其他國家先進的諮詢制度經驗，如美國、英國、加拿大、香港等，總結其值得參考之地方再提出完善本澳諮詢制度的建議。
After the reunification, the SAR Government understood the importance of public participation, so it constantly improved the consultation system in Macao. In recent years, the number of advisory organizations established by the government has been increasing. Advisory activities are also held to collect public views before major policies are launched. The implementation of the “Guidelines on Public Policy Advice” let the government’s advisory activities more standardized. This shows that the degree of democratization of public policies has continuously increased.
However, there are still many doubts about the consultation system in the society, it reflecting that the government's advisory system still needs improvement. For example, the “Guidelines on Public Policy Advice” has been implemented for more than six years, it has not been effectively implemented. Some departments have even ignored the rules of the "Guidelines for Public Policy Advice". In addition, there are still voices in the society that question the government's consulting work, such as “fake consultation”,“consultation fatigue”, “excessive consultation” etc.
Based on the above problems, this paper mainly collects data from various aspects to analyze the current situation of Macao government advisory organizations, such as membership structure, functions and classification. At the same time, the effectiveness and shortcomings of the "Guidelines for Public Policy Consultation" were discussed. It was found that the legal guidelines of the “Guidelines” were low、the content was loose and not continuously updated. It also found that the decision whether the policy needs consultation is also in the hands of the government. If the government does not conduct public consultation, the public has no right to ask the government to initiate public consultation.
In addition, it also summarizes other problems in the Macao advisory system. It found the following problem in the system. Such as consultation activities are held in a certain period of time , the public feel tired of consulting. And the position has been preset before the public participation. The consultation activities are under-planned. The government did not respond to the consultation results after the consultation etc. For the above questions, this paper will refer to the experience of other countries' consulting systems, such as the United States and the United Kingdom. , Canada, Hong Kong, etc., summarizing the places worthy of reference and proposing suggestions for improving the consultation system in Macao. |
