A Study on the Public servents who should Property-Declaration in the Sunshine Act

• Main Authors: HUANG,JU-WEI, 黃如薇
• Other Authors: CHANG,YEONG-MING
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/vrkh64

碩士 === 國立高雄大學 === 法律學系碩士班 === 106 === The problem of public servants’ corruption is now a globally salient issue. To curb this problem, the majority of countries around the world aspires to establish governments of great integrity seeking to prohibit corruption by, in addition to aggravating its criminal liability, aggressively framing the so-called “Sunshine Act” in defining and preventing the crime of corruption by public servants. This law which demands public servents to disclose personal property is already deemed as one of the most effective policies against bribery and fraudulence. Likewise, the Taiwanese government has put all efforts in restraining corruption that may occur in public posts. For the purpose of ensuring good administration, several sets of Sunshine Act were legislated in a steady pace in Taiwan. For instance, the Act on Property-Declaration by Public Servants, released in 1993, was known as the first Taiwanese Sunshine Act in history. While this Act had undergone four modifications since its day of enactment, it is still facing criticism and unrelenting reviews. Noteworthy is its third modification in 2007, in which the scope of the liable individuals who shall make property declaration was significantly expanded, thus attesting the government’s determination on enforcing anti-corruption policies. It is nonetheless a disappointing fact that, more than twenty years after enactment of the Act, the execution outcome nowadays can hardly meet the initial expectation upheld by legislators. Especially following the extension of the Act to the larger pool of liable individuals, the competent property declaration agencies experienced many difficulties in conducting effective inspection on these individuals. These barriers to effective execution not only resulted in a waste of administrative resources but also rendered public servants’ resentment and fear of privacy violation. How may we define the scope of the liable individuals who shall make property declaration so as to achieve the greatest efficacy of the Act? Whether the reference to the“Corruption Perceptions Index” superior to Taiwan foreign experience and legislation, appropriate amendments the object of property declaration, achieve the goal of establishing a integrity government?This is the motive of this research. According to Transparency International research , The declaration system of public servent property has made a significant contribution to the reduction of corruption. However, the study also pointed out that the scope of the number of property declarations and the Corruption Perceptions Index is no exactly correlation. In particular, due to the limited audit capacity, more attention should be paid to the practical limitations of the property declaration system. Therefore, this study advocates that in order to improve the effectiveness of the Property Declaration Act, we should re-examine the scope of the object of property declaration. Use the importance of job and business risk as a necessary basis for judging. Needless to say the importance of the job. For business risk, the government should consider whether to use administrative means to reduce the risk of corruption. Strive to limit the scope of the object of property declaration, to avoid the risk of infringing upon the privacy of most public servants and to achieve the goals of appropriate political and legislative.