公務員懲戒的研究與批判—從監察院彈劾案文品 質談起

• Main Author: 王世倉
• Other Authors: 羅承宗
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/h4879y

碩士 === 南臺科技大學 === 財經法律研究所 === 107 === On account of the fact that public servants are subject to the influences of special power relationships, for a long time, there have been limitations on their civil rights as guaranteed by the constitution. Further, from the perspective of historic development, when looking at related laws such as the Civil Service Protection Act, Civil Service Performance Appraisal Act, Control Act, and Civil Service Disciplinary Act, it is apparent that the rights and interests of civil servants have experienced continuous neglect. In recent years, to make up for regulatory shortcomings, interpretations by the Judicial Yuan’s Constitutional Court have been relied upon to fill in the gaps. Once amendments are made to the related laws, these interpretations become part of the regulations. On May 1st, 2015 based on the Constitutional Court’s interpretations, a large number of amendments were made to the contents of the Civil Service Disciplinary Act, resulting in the original set of 41 articles increasing to 80. The rights and interests of civil servants in regards to disciplinary measures had increased considerably; however, the laws related to the precursory work necessary before implementing disciplinary measures had not been amended to allow for synchronization. Thus, in order for the rights and interests of civil servants to see proper protection on the disciplinary end, there must be a reexamination of the regulations related to punishment and impeachment processes. 　From the exercising of the rights related to the selection and impeachment of Control Yuan members of the Control Committee to the performance discussions and reviews of the operational functions, this paper starts with a discussion on the quality of actual impeachment drafts, and conducts an appraisal and analysis of impeachment institutions. Based on the Control Act and its related regulations which went unamended for more than 26 years, advice is provide with respect to the direction that should be taken while making amendments to the law. Further, the paper discusses the role played by the evolving relationship between civil servants and the country, special privileges, and guarantees of freedom of expression within the disciplinary system. Comparing the differences and varying orientations between the old and new versions of the Civil Service Disciplinary Act, a discussion on the quality of impeachment drafts is conducted looking at ways in which to effectively monitor impeachment draft quality and establish fair Civil Service Disciplinary Committee and human rights protections. The paper then discusses how to establish methods of relief within Taiwan’s disciplinary system which are in-line with the needs of current trends. 　Taiwan is a country based on civil law, with a legal framework that has been influenced by Germany and Japan. This paper explores the civil service disciplinary institutions within the US common law system, and Germany’s and Japan’s civil law systems to conduct an analysis, comparison and review of the current relationship between impeachment and discipline, the principles used in the joint implementation of criminal and disciplinary actions, and the principles followed for the dual track implementation of discipline and punishment in Taiwan.