A Research on Impeachment and Disciplinary System of ublic Officials’ embezzlement in the Republic of China1999.2－2005.1）

Abstractrankly speaking, corruption always influences business environment, because it indirectly increases the cost of businessmen, and in modern times it may twists our moral standard and think that the corrupted is better than the poor. According to the Index of International Transparency Organization, the impression of corruption in Taiwan was placed the 27th in the world in 2001. However in 2007, Taiwan became the 34th, this shows that corruption in Taiwan is getting more and more serious in recent years after the Democratic Progressive Party took over the power in 2000.his report adopts the analytical method of law and the principle of new system, it includes research method such as case study, interviews and discussions. the report can be divided into 5 parts;I) The comparison of the Western three-power constitution and the supervision system of the five-power constitution, judging from the historical backgrounds and social political structure, the five-power system (which was established by Dr. Sun Yat-sen in 1912) is more suitable to the present political situation in Taiwan.II) As a matter of fact, the independence of the Control Yuan and empowerment of the Official Disciplinary Punishment Committee (公務員懲戒委員會) are two important systems to supervise and punish political corruption. The independent function of the Control power is clearly stipulated in the five-power Constitution of the Republic of China on Taiwan, and independence of individual member of the Control Yuan has been highly praised and respected in Taiwan. According to the Judicial Explanation No.396 and No.530 of the Grand Justice, the empowerment of the Official Disciplinary Punishment Committee will be a next important step of judicial innovation.III) The analysis of the impeachment cases from Feb. 1999 to Jan. 2005 shows that the corruption of government service in Taiwan has become more common and serious since the Democratic Progressive Party took over government in 2000. It also shows that the corruption of high ranking officials in Chen Shui-bian administration is more serious than ever before. For example, from 2001 to 2007, they are many minister and deputy ministers of the cabinet have been detained and sentenced for corruption.IV) Because of political struggles between the Democratic Progressive Party and the Koumingtan (K.M.T), the nomination of the Control Yuan members by President Chen Shui-bian has been rejected by the Legislative Yuan since Feb. 2005. So, up to the present, there is no Control Yuan member to play the role of Control power of investigation and impeachment. According to the statistics of the Official Disciplinary Punishment Committee, is also shows that the corruption in government service has become more common and serious, therefore, for the cause of clean politics, the functions of the Control Yuan have to come back to normal and the empowerment of the Official Disciplinary Punishment Committee is necessary and urgent.V) In search of the relations between the impeachment and punishment, I have made several interviews with Prof. Chou, Yang-shan (周陽山教授) 、Control Yuan member Li, Shen-yi (李伸一) and member of Official Disciplinary Punishment Committee, Ke, Ching-hsien (柯慶賢). In addition, the official embezzles has the legal responsibility and the administrative responsibility, the present paper the administrative responsibility which to the official embezzles is a center, has a side interest in criminal, the impeachment, the disciplinary punishment triangle exercise and the correlation。aiwan''s new administration under President Ma, Ying-jiou recently took over the power on May 20, 2008. However, the new administration still faces many challenges and difficulties, though the new administration tries to set up anti-corruption committee in every government office and uphold principle of clean politics, but if the new administration can not solve the problems of the old political system and tradition, the root of the corruptions will still remain. Therefore, we have to adopt new thought and present right policy to deal with corruption so as to promote clean politics and change the old image of our government.