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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/101607

    Title: 我國緩起訴處分金與民主控制之研究
    Other Titles: A study on the democratic control of the deferred prosecution system
    Authors: 楊詔凱;Yang, Zhao-Kai
    Contributors: 淡江大學公共行政學系公共政策碩士班
    陳銘祥;Chen, Ming-Siang;羅承宗;Lo, Cheng-Chung
    Keywords: 財政民主主義;財政議會主義;政府預算;緩起訴處分金;檢察官;Principle of Democratic Governance of Finance;Parliamentary Control of Finance;Governmental Budget;Subscribed Fine of Deferred Prosecution;prosecutor
    Date: 2014
    Issue Date: 2015-05-01 16:11:58 (UTC+8)
    Abstract: 國家係以永續存在、發展為其主要目的,且一切行為均須財源的支應。於現今政府財政規模之擴大,國家扮演的角色日益加重,故對於財政收入、管理、營運與支出作用上即須有法律之基礎,因此預算便因應而生。政府於每年度所提出的預算,乃未來重要活動的安排,故須透過以直接選舉產生的代議民主機制為代表所組成的議會,對於整體國政進行決定、管理以及監督,以合乎「財政民主主義」此一憲法原則。
    It is the purpose of a nation to achieve sustainable development. Therefore, all governmental decisions should be supported with sufficient financial resources. The role of the government increases as public expenditure expands. Hence, there is an emergent need for a comprehensive normative structure to regulate governmental financial income, management, operation and expenditure. The budgetary legal system should provide a legal basis for the government’s financial activities and ensure that all governmental income taken from the people is used for the people. In order to comply with the constitutional principle of democratic governance of public finance, all government income and expenditure must be reviewed and approved by a parliament composed of representatives elected directly by the people.
    However, as the means for government to acquire financial income have become more diversified, legal research regarding financial resources other than taxes and levies is lacking. The subscribed fine of deferred prosecutions is one of the financial resources that has not received enough academic attention.
    In February 8, 2002, the deferred prosecution system was amended into the Criminal Prosecution Law in Taiwan. After scrutinizing academic research, communiques of the Legislative Yuan, and reports from relevant agencies, I discovered that there are many deficiencies and malpractices within the operation of the system. I propose some recommendations to make the operation of the system comply with the principle of democratic governance of finance and to fulfill the legislative intent of the deferred prosecution system.
    In this paper I offer two proposals for reforming the subscribed fine of deferred prosecutions system: The best solution is to turn over all fines to the state treasury completely. Therefore, the income can be appropriated through a representative assembly in accordance with budgetary approval procedures, ensuring the legitimacy of its use. The second best solution is to enhance the linkage between the Subscribed Fine of Deferred Prosecution and the General Public’s Oversight. I propose that a supervisory committee be formed as a middle course. Local governments and congress should have the right to recommend experts or scholars to become members of the committee. Through this method, we can enhance the democratic legitimacy of the committee and preserve the functions purported by the legislative intent when enacting the amendment. I believe this method can ensure that prosecutors determine the use of subscribed fines appropriately with democratic legitimacy. This can further enhance the transparency of the system and maximize its utility. The legislative intent of the deferred prosecution system can thus be fulfilled.
    Appears in Collections:[公共行政學系暨研究所] 學位論文

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