A Study on Issues of Property Declaration by Public Officials－Focusing on Taiwan Sugar Corporation of Government-Owned Enterprises

• Main Authors: Chi-An Chen, 陳祈安
• Other Authors: Chiun-Tseng Lee
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/96q62c

碩士 === 國立高雄大學 === 政治法律學系碩士班 === 103 === The integrity of public officials not only concerns the trust of people towards the government, but also highly associates with the country's competitiveness. Also the establishment of the Sunshine Laws is a important foundation of government integrity engineering. The Act of Property Declaration by Public Officials, the first legislation of the Sunshine Laws, has implemented over two decades until nowadays. Although there are many obligors punished by the Control Yuan or the Ministry of Justice for deliberately false declaration , the property declaration system so far has been still constantly questioned for its ineffectiveness on excavating corruption. Even the anti-corruption function is quite limited. And there exits a serious misalignment between the outcomes of the system implementation and the institution purpose. Therefore, the aim of this research is to investigate existing problems of the current system on property declaration by public officials and causes of the gap between above problems and institution programming. For further, through research findings, this research put forward related modification suggestions to enhance institutional rationality and normativity and look foward to true exertion of legislation purposes on correcting political customs and assuring incorruptible action of public officials. In order to find out practical function problems of current system and feedback opinions of related system participants, this study, on the basis of research purposes and literatures and taking legislations modes of Hong Kong and Singapore into accountancy, adopts the depth-interviewing method to compile interviewing outlines. The findings of this study were summarized as follows: 1.Current property declaration by public officials system can only exert instrumental and supplementary credit-verification function. 2.Irrationality of current declaration modes and the inefficiency of the the substantive audit are main causes of current system predicaments. 3.Being punished administrative fines for disobedience of declaration regulations specification effectiveness engender low effectiveness. On the basis of above research findings, this research puts forward several modification suggestions as follows to improve institution efficacy and carry out the anti-corruption function： 1.The forced trust regulation should be removed or moved to the Act on Recusal of Public Officials Due to Conflicts of Interest 2.Importing information technology to construct a effective substantive audit mechanism. 3.Revising related declaration regulations to improve system operation.Detailing modification were as follows: （1）Establishing dynamic declaration mechanism. （2）Forms of punishment to the deliberate concealing property for false declaration should be modified to criminal penalties. （3）The designation declaration system should be removed. （4）The personnel sanction measures should be added to the punishments of deliberately false declaration. （5）The application for inspection system should be removed.