The Legal Regulations and Practices of the Recusal of Civil Servants Due to Conflicts of Interest

• Main Authors: Hsu, Wei Chun, 徐偉峻
• Other Authors: 蕭武桐
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/44534977599187214823

碩士 === 國立政治大學 === 行政管理碩士學程 === 102 === In Taiwan, the laws for civil servants regarding recusal due to conflicts of interest include the Act on Recusal of Public Servants Due to Conflicts of Interest, which is designated specifically for public servants, as well as the Government Procurement Act and Civil Service Employment Act, both of which contain recusal-related regulations. However, because these acts feature distinct characteristics, varying recusal purposes and scope, and different violation effects, this engendered differences among the cognition of civil servants regarding recusal due to conflicts of interest and lowered the confidence that Taiwanese citizens have toward the structure of recusal regulations. Therefore, systematically analyzing regulations on recusal due to conflicts of interests and reviewing logical empirical research on administrative letters and judicial practices are crucial tasks for determining the overall conflicts of interest system. This study adopted the concept of recusal from the Act on Recusal of Public Servants Due to Conflicts of Interest, Government Procurement Act, and Civil Service Employment Act as a basis. In addition, we employed cases concerning the doubts of whether the specifications of these acts are applicable in practice to analyze and compare the applicable subjects and the constituents of these specifications. We conducted case studies based on the following: analyses of 100 letters provided by competent authorities, the assessment of 68 judicial litigations, and the offense and defense strategies adopted by policy stakeholders during a litigation. Finally, the intention elaborated in the Judicial Yuan Interpretation No. 716 was integrated, and the amendment draft recently proposed by competent authorities was referenced to examine the obstacles hindering existing laws and deficiencies in the amendment drafts from practical and macro-level perspectives. Consequently, we proposed research perspectives related to the dimensions of regulation and execution as well as suggestions regarding practical applications, specification formulation, and subsequent research as a reference for relevant individuals and for modifying future legal regulations.