| Summary: | 碩士 === 國立政治大學 === 法學院碩士在職專班 === 103 === The purpose of a country is to strengthen and secure people’s life, body and property. However, to prevent people from abuse of the government, most country divided the government power into different section. The investigation power is therefore designed for restricting abuse of power and avoiding malpractice of the government. This research proposed that the investigation powers of the Legislative Yuan and the Control Yuan may each achieve the goal of preventing abuse and malpractice. In addition, this research introduced governance mechanism and stressed that the position of the investigation power shall transform from ruled by order and regulation into ruled by market and self compliance. The Legislative Yuan shall act for the people to monitor the conduct of the Executive Yuan, and the Control Yuan shall take more aggressive role to protect human rights.
There are six chapters in this dissertation. Chapter 1 included motivation, purpose, scope, methodology and restrictions of the research. Chapter 2 defined investigation power to the government and divided this power into check and balance power and anti-fraud power. Chapter 3 explained the investigation power to the government in our country and introduced the operation of this power in the Legislative Yuan and the Control Yuan. Chapter 4 illustrated the theory of governance and concluded three pillars of government governance: ruled by order and regulation, ruled by market and self compliance. Chapter 5 integrated investigation power and governance mechanism and discussed the transformation of the investigation power. Chapter 6 described the conclusion and suggestion of the research.
Regardless the argument of three or five power, this research discussed the context of the investigation power from the point of the existence of the country. After analyzing related theory and practices in different countries, this research focused on the way to strengthen the function of investigation power in the Legislative Yuan and the Control Yuan and suggested the aim to enhance government’s effectiveness and protect human’s rights.
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