A Study on Implementation of United Nations Convention against Corruption in Taiwan : Focusing on Public Sector Preventive Measures

碩士 === 國立臺灣大學 === 國家發展研究所 === 107 === The United Nations Assembly adopted the United Nations Convention against Corruption (UNCAC) on October 31, 2003, which came into force on December 14, 2005. The goal of which is to instruct and provide anti-corruption laws and policies to governments with its c...

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Bibliographic Details
Main Authors: Hsi-Tien Lin, 林希恬
Other Authors: 陳顯武
Format: Others
Language:zh-TW
Published: 2019
Online Access:http://ndltd.ncl.edu.tw/handle/35s653
Description
Summary:碩士 === 國立臺灣大學 === 國家發展研究所 === 107 === The United Nations Assembly adopted the United Nations Convention against Corruption (UNCAC) on October 31, 2003, which came into force on December 14, 2005. The goal of which is to instruct and provide anti-corruption laws and policies to governments with its content covering the preventive measures, conviction, law enforcement, and international cooperation against corruption, recovery of illegal assets, and implementation mechanism of the Convention to facilitate all countries devotion to the anti-corruption issues. Taiwan’s government stipulated and promulgated the Act to Implement United Nations Convention against Corruption on May 20, 2015, and the Executive Yuan stipulated the enforcement date as December 9, 2015. In the Act, Article 2 expressly provides that the provisions contained in the United Nations Convention against Corruption have domestic legal status. To have a general observation on Taiwan’s anti-corruption system and measure in accordance with the corruption prevention framework established by the United Nations Convention against Corruption, the research focuses on the provisions concerning public sector corruptions in the second chapter of the United Nations Convention against Corruption, “Preventive Measures.” It first explores the content of public sector corruption prevention measures, policies and legal framework, advised implementation, and the compliance of the review standard of the Convention as stipulated in the United Nations Convention against Corruption. Then, the research conducts an overall review of Taiwan’s system of anti-corruption preventive measures and its operation and examine and compares the implementation thereof and flags the part where the implementation is incomplete, to understand the shortfalls of Taiwan’s implementation thereof. Through such inductions, the research also reviews the implementation in “stipulating anti-corruption policy based on data”, “open government and public participation,” and “independency of the anti-corruption agency” of other countries as leverage. For the shortfalls of Taiwan’s anti-corruption work, the research proposes suggestions that are categorized as “establishing a systematic database of anti-corruption related data”, “firm control on corruption risks”, “strengthening external participation”, “re-ensuring the independency of Agency Against Corruption and integrity policy units”, “continuous reinforcement of government procurement system”, “promotion of the enactment of whistleblower protection act”, which include, “proactive evaluation on the effectiveness of anti-corruption measures”, “promoting government agency ethics evaluation”, “analyzing corruption risks information and publishing the reports regularly”, “stipulating special procedures for high risk government positions”, “specifying a dedicated agency for promoting the freedom of government information laws”, “engaging civil society in the autonomous operation of promoting anti-corruption”, “including external participation in the implementation of ‘National Integrity Building Action Plan’”, “continuously developing the function of public policy participation through the Internet platform”, “rethinking the design of corruption investigation organizations”, “increase the budget.” These are to urge our government to connect with the current global trend of anti-corruption and the international legal system in order to more effectively prevent and remove corruption.