A Study on Law of Property-Declaration by Public Officials Based on Privacy

• Main Authors: Chun-ChengLiao, 廖椿成
• Other Authors: Yue-Dian Hsu
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/77295745132491132506

碩士 === 國立成功大學 === 法律學系 === 101 === The goal of the Law of Property Declaration by Public Officials is to confirm the ethics and incorruptibility of public officials through obligating them to disclose the content of their property. The object of the law, however, does not be classified according to the political character of the public officials. As for those lacking of political character, the law may over-restricts their privacy. In particular, the privacy protection of the spouse and minor children, who have no duty of declaring their property, is restricted because of their marital or birth relations with the obligors. The principle of duty bounding to the obligor is undoubtedly obeyed. For this reason, it is necessary to discuss the constitutionality of the law. Referring to the legal system of America and Japan, it is found that the scope of property declaration is defined in terms of the political character of the public officials, which consults to different extent of revelation. It is useful to reconcile the conflict between the privacy right of public officials and the knowing right of common people. Such systematic design, therefore, is worthy of our learning. This study, on the basis of constitutional protection of privacy, discusses whether the Law of Property Declaration by Public Officials affects the fundamental right of privacy and whether it conforms to the principle of proportion and legal certainty. From the investigation of constitutionality, some modification and suggestion are given. It is expected that our Sunshine Act can strike an equal balance between the public benefits of ethic government and the privacy protection of public officials.