A study of the judgement between『offence of desire to make money or profit』and『administrative discretion』

• Main Authors: Yi-Feng Cheng, 鄭翊逢
• Other Authors: 作者未提供
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/34304235875601607157

碩士 === 銘傳大學 === 法律學系碩士班 === 100 === For people, public officers are the extension of the nation to exercise authority of the government on behalf of the country. Therefore people also have higher expectations for civil servants’ conducts, such as impartiality, integrity, and non injustice to release. In our country, to make the premise that public servants are trusted by people, our government respectively establishes Offence of Malfeasance in Criminal Code Chapter 4 and Anti-Corruption Statute to achieve the efficacy of clarifying the administration and management of local officials. Nevertheless, the regulation thereinto regarding Offence of Desire to Make Money or Profit always becomes a stumbling block of public officers to brave in assuming office. When doing administrative actions, administrative organization, for the business of responsible field, is more familiar than the Judicial and Legislature; consequently, it should necessarily possess superior room to determine, and it doesn’t allow other authority to intervene. Based on the above requirements, it causes a conflict between Criminal Code and Administrative Law. The purpose of the study is to distinct the limit of legal and illegal desire to make money.