A Study on the Corruptive Crime of Shield among Civil Servants

• Main Authors: Tai-yuan Chang, 張太源
• Other Authors: Yao-cheng Ko
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/67994748185654192502

碩士 === 國立中正大學 === 法律所 === 97 === The phenomenon of civil servants’ corruption has existed down through the ages. The crime patterns it has formed already seriously affect the prestige, public reliance and efficiency of government’s administration, and it is also related to the poll for or against the government. Therefore, Punishment of Corruption Act secs.1 expressly stipulated: The Act is formulated in order to scourge corruption and bring order into the local administration. This article is aimed at and studied intensively on the relative problems among the Crime of Shield among Chief Executive in Punishment of Corruption Act secs.13, the Crime of Non-impeach among Correlative Personnel, and the clauses in Punishment of Corruption Act. In addition to analyzing and reviewing the causes of crime, this article also probes into every type of Corruptive Crime of Shield and its constitutive elements, Furthermore, through the evaluation of the legislation of Corruptive Crime of Shield, and the abolishment or retention of Punishment of Corruption Act, the article may provide related departments with suggestions and references regarding the revision of the law. First of all, this thesis states clearly the origin and the purpose of the study, its range, and the frame. Second, it illustrates the intention of drawing up Punishment of Corruption Act, analyzing the meaning of first-class, second-class and third-class of the Crime of Corruption, confessing to the crime of corruption, and the effect of confession on the Corruptive Crime of Shield. In addition, it compares and contrasts the regulations between Punishment of Corruption Act and Criminal Law, discussing the relation between Crime of Corruption of Shield and Crime of Holding a Huge Amount of Property with Unidentified Sources. Third, the study discusses the essence of criminal omission of Crime of Corruption of Shield and the legal interests trespassed by such crime, the types and characteristics of Crime of Corruption of Shield. Besides, the study also analyzes the common schemes that civil servants often use to commit the crime, discussing the responsibility of impeachment, the differences between the responsibility of report in The Code of Criminal Procedure, and that of impeachment in Punishment of Corruption Act, and the effect of Corruption of Shield on an incorruptible government. Fourth, debates the regulations about the responsibility of impeachment in ancient times in our country, with the description of the current types of Corruption of Shield in effect. This section also discusses the punishment of complex shields, the application of military and educational personnel’s violating Crime of Shield, and the responsibility party of the Corruption of Shield of elected officers. In addition, the responsibility of intentional shielding or not impeaching for those who have no responsibility to impeach. Fifth, the section analyzes the differences between Punishment of Corruption Act and Offenses of Malfeasance in Office in Criminal Law, the result of Civil Service Employment Act on violating Crime of Shield, and the applicable objects and range of Crime of Shield. This section further reviews the concurrence of officers’ involving in the case of Crime of Shield and the application of penalty, and the punishment of civil and non-civil servants’ violating Crime of Shield. After that, the following section discusses the legislative purpose and the protection of interest in Offenses of Malfeasance in Office and Crime of Corruption, the official channels of impeachment for chief officers, the direction of future revision of Punishment of Corruption Act, and the establishment of official organizations for prevention and control of corruption. Finally, this thesis puts the questions and contents of every chapter together to draw a conclusion and bring up specific suggestions of revising laws, hoping that it could be a reference about the future revision of laws for the legislature.