A Study of the Discipline Administrative Remedy System for the Civil Servants

• Main Authors: Rong-Tan Sun, 孫榕檀
• Other Authors: Chien-Te LI
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/77007475793715454764

碩士 === 義守大學 === 管理學院碩士班 === 98 === The paper is focusing on “A Study of the Discipline Administrative Remedy System for the Civil Servants”, because it’s special in our country that it divides into the disciplinary punishment and the punishment two-track system to of administrative responsibility the official. In the past because of the depth influence of the exceptional powers relations theory, the civil servants can not have the basic rights like the people, but along with the Council of Grand Justices it has tendency of the breakthrough exceptional powers relations, the civil servants may start administrative remedy on the disciplinary punishment and the discharge decision. Therefore, everybody pays attention to the part of the disciplinary punishment and the theory and the practice discussion also focus on this. Comparatively speaking, the punishment exercises by the chief executive, besides the discharge decision, had still not been able to mention the administrative remedy, and it also regards properly. But the punishment system''s design must coordinate mutually with the performance rating system, the country can achieve goal of the effective management and the lifting efficiency. When the official receives the punishment, the country must provide perfect procedures for administrative remedies that may guarantee the basic right to be a public service in constitution. Based on this viewpoint, this article introduces the official system of safeguards first and then discusses relations of the performance rating system and the punishment system, as well as carries on relief and the consideration procedure of the punishment to reorganize and attempts to construct a punishment system that is conformed to the modern law thought. Then by the way of the case discussion, this article tries to find questions of the operation in the present punishment system, finally puts forward proposal and the improvement road of this article.