| Summary: | 碩士 === 銘傳大學 === 公共管理與社區發展研究所碩士在職專班 === 90 === Research Of Law Respondsibility Of
General Director Of Local Government
Abstract
Public trust is the most precious asset for a government. In the process of making and implementing policy, the government also conducts authoritative allocation of social values. During the past half century, Taiwan has become a breeding ground for corrupted office-holders. Those who were elected to office, especially those with a gangster background, abused power sanctioned by law and violated the expectation and trust of the people. They formed nested interests with some businesses by taking advantage of the loopholes in political, economic, and legal systems - and siphoned off enormous profits from society. On the other hand, erroneous policy has even worse consequences than corruption. Illegal measures or misadministration not only misplace the state’s financial resources but also undermine its authority. For one, misappropriation often causes unrecoverable damages.
This thesis aims to discuss the legal responsibility of local magistrates who commit delinquency in the context of civil servant’s responsibility in terms of administrative, criminal, financial aspects. This study also conducts an empirical study to explore ways to hold magistrates responsible for their delinquency.
This study is divided into five sections. The introduction includes the purpose, research method, literature review, ranges and structure of the thesis. Chapter two discusses issues regarding the responsibility of local magistrates, the records of reprimand over the years, Chapter three discusses about the responsibility for criminal offenses(with a focus on corruption and embezzlement). Chapter four discusses the ways in which magistrates can be held personal financially responsible in accordance with laws prescribing the responsibility of civil servants, apart from the State Compensation Law and regulations concerning auditing. In addition, is an introduction of how other countries deal with this problem. Chapter five summarizes the research in order to offer materialized proposition and suggestions of amendments to the existing law.
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