Study of Legislation on civil servants' unidentified Property- Constitutionality of punishment by public law, and legislative proposals

• Main Authors: Kuan-fen Fang, 方冠棻
• Other Authors: Zheng-gen Chen
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/krr76q

碩士 === 國立高雄大學 === 法律學系碩士班 === 103 === A procedure is in order to prevent civil servants corruption fraud and maintain the image of clean government, on June 15, 1993, Legislative Yuan passed after thrice reading "Act on Property-Declaration by Public Servants", which was implemented in the same year on September 1, and then certain provisions were amended in 2007. On June 26, 2008, Executive Yuan declared "Civil service integrity ethics" and became effective on August 1, 2008. Executive Yuan and other central and local government agencies (institutions) should abide by the above provisions. And then on July 30, 2010, new ban was issued against civil servants entering improper workplaces and contacting inappropriate persons pertinent to duties. On April 3, 2009, Legislative Yuan passed that the accused persons of embezzlement are not required to explain the source of their properties, and added Article 6-1 of Anti-Corruption Act; and amended sections 6 and 10. In the fundamental rights to privacy and property guaranteed by the Constitution, whether the requirement of the above laws to ask civil servants to disclose the sources of the property is constitutional was the first aim of this thesis. The second aim of this thesis was, in line with constitutional principles of state power, civil servants are asked to disclose the sources of the property. If the civil servants breach this obligation, does the country consider it an offence of laws? Finally, this thesis will comment on the three laws: " Anti-Corruption Act," " Act on Property-Declaration by Public Servants ", and "Civil service integrity ethics"