Law on Recusal of Public Servants Due to Conflicts of Interest
Date Issued
2007
Date
2007
Author(s)
Liu, Yu-Chun
DOI
zh-TW
Abstract
This paper mainly discusses all aspects of the problems regarding Law on Refusal of Public Servants Due to Conflicts of Interest in Taiwan, in order to explain the applicability and rectification in the future. Firstly, this law discusses the legal basis and the outside environment, so as to clarify the role and value of the law. Also, it explains the specialties and significance of this law with the “outside in” method. In other words, it attempts to establish the core value of this law, starting from the basis of the theory of refusal of conflicts of interest. Then, an overall inspection is conducted for the legal system of conflicts of interest, observing the position and function of the legal system of refusal of conflicts of interest concerning this law. Besides, a further process of legislation is conducted to explore the differences and specialties of this law and other legal system. Therefore, the outline of the inside basis and the outside environment can be drafted through comparative law study.
Next, dealing with the components requires much room for explaining. This might cause the public servants to break the law due to failing to recognize the appropriate target and scope of the components. The legal text interpretations can be analyzed and induced and be seen what the theoretical and practical views are, through all the various ways of interpretations of the laws and administrative organization of Department of Legal Affairs. It attempts to give legal applicants embodied and clear standards while applying this law through the following four aspects of discussion: Standard Subject, Standard Object, Behavioral Patterns, and Legal Effect.
Then, the co-opetition issues of the applicable process of this law and other laws will be discussed. Especially, there are interpretation problems about co-opetition among regulations of this law, and the law itself belongs to administrative law that characterizes criminal punishment. Thus, an in-depth study will be conducted in terms of the applications of this law, other administrative laws and criminal regulations about the applicability of co-opetition. Finally, by concluding and interpreting, it attempts discover the regular and common characteristics of the applicable process.
Meanwhile, the analysis of existed practical cases are conducted and discussed concerning the operation and effect of practical sides. In other words, it is a typification analysis based on practical cases, so as to conduct the following functional inspection and explore if the present application of this law is in accordance with the initial aim of legislation. Also, concrete suggestions for rectification will be addressed for reference aiming the faults.
Finally, to conclude this paper, a humble opinion is addressed that the views towards the law and direction of the further study according to three aspects: suggestions for legal interpretation, suggestions for the legislators, and suggestions for the following researchers.
Subjects
公職人員
利益衝突
迴避
競合
行政法
public servant
conflicts of interest
refusal
co-opetition
SDGs
Type
thesis