|其他題名: ||The study of the disciplinary system for civil servants in Taiwan|
|作者: ||黃炳煌;Huang, Ping-Huang|
邱華君;李仲彬;Chiou, Hwa-jian;Lee, Chung-pin
|關鍵詞: ||公務人員;司法懲戒;行政責任;行政懲處;一行為不二罰原則;Civil Servants;judicial punishment;administrative responsibility;administrative punishment;Double Jeopardy|
|上傳時間: ||2017-08-24 23:44:50 (UTC+8)|
The punishment for the administrative responsibility of civil servants in Taiwan adopts the two-track system of“Administrative Punishment” and“Judicial Discipline”.The former is the usual assessment made according to Public Functionaries Merit Evaluation Act by the commanding officer of the government in each level, whereas the latter is the punishment made according to the Law of Disciplinary Sanctions of Public Functionaries by Commission of the Disciplinary Sanctions of Functionaries.Both ofthem are the nonbenefit punishment for the illegal and delinquency behaviors acted by civil servants.
According to statistics: an annual average of that period 2010 to 2014 the number of administrative punishment that is approximately 175 times those of the judicial discipline.Executive director of the trend of increasing the penalties for permission, and relevant subject or administrative punishment in the form of obligations under multi uncertain legal concept of it though, is not yet a unified set of standard penalty, and considering the previous discussion of the relevant literature and the focus, mostly concentrated in the comparison of the two systems, compared with those who lack depth of study for evaluation for physical connotation of administrative punishment, etc., so conduct the study.This research is based on the reviewing of historical literature and relevant theories to review and analyze the legal and execution aspects of the present punishment system in Taiwan to discover its defects; and at the same time learn from the civil service of Germany, Japan and other countries of the discipline (punishment) system to explore, to serve whichever strengths, provide construction of the legal system to punish reference, the period in between can be "competent executive powers of punishment" and "safeguard the basic rights of civil servants" seek take equity.
The full text is divided into six chapters, the first chapter is the exordium of the thesis. The second chapter is on the legal and practical situation of the existing administrative and judicial disciplinary punishment, to explore the legal targeting administrative punishment and its missing. The third chapter views Japan and Germany accountability mechanisms of public servants, and discusses what is worth to learn from two countries of the discipline legal system .The fourth chapter and the fifth chapter is the connotation for the "Double Jeopardy" principle and its relevant theoretical basis, the number of identified behavior problems were analyzed, to research and mention the number of acts recognized standards for the administrative punishment. The sixth chapter is the conclusion of this thesis. The substantial parts of each chapter and the result of this research will be summarized into conclusion.