A Study of Administrative Liability for the Civil Servants
Date Issued
2008
Date
2008
Author(s)
Tsai, mei-huei
Abstract
The punishment for the administrative liability of civil servants in Taiwan adopts the two-track system of "Judicial Punishment" and "Administrative Punishment". Both of them are the non-benefit punishment for the illegal and delinquency behaviors acted by civil servants. Whether it is appropriate to establish the two-track system of administrative punishment out of the judicial punishment has long been a dispute between the domestic scholars and practical field. Due to the relationship between our civil servants and the nation in the past was influenced by Special Power Relationship, civil servants usually subjected to special restriction by some laws and regulations and could not share the same constitutional rights as general public. Furthermore, more value to substantive law than procedural law. The restriction on them only changed till 1999 after the No. 491 interpretation proclaimed the great limitation of people’s right to take civil service guaranteed by the Constitution. Therefore, such kind of punishment should follow the procedure of the law and those who are punished can have the right present their plea so that they might protect their right. However, the punishment made on the civil servants in Taiwan could not carry out the due process of law completely till now, except dismiss from service by merit punishment.( include : two great faults in daily evaluation without counteraction by awarding or dismiss of two great faults). This thesis, its title as " A Study of Administrative Liability for the Civil Servants "aims to investigate the related questions of the administrative liability for the civil servants, indemnify the lawful protection of promotion and discuss remedial procedure from the statute. In this study, is based on the reviewing of historical experiences and relevant theories to review and analyze the legal and execution aspects of the present punishment system in Taiwan to discover its defects; furthermore, it also studies the Punishment System for the Civil Servants in Japan and Germany to compare with Taiwan to lean their advantages and for reference. In brief, through the discussion expected that the suggestions at the end of this thesis could facilitate the improvement of our civil servants punishment.
Subjects
civil servants
administrative liability
judicial punishment
administrative punishment
remedial Procedure
due process of law
Type
thesis
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