| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 101 === Supporters donate financial supports to the candidates having the same political ambitions supports called campaign contributions, so that they can help them win elections and achieve their ambitions. Bribes are money or improper benefits a briber gives a public official in return for an official act or a breach of his official duties. We can find that they are similar in essence in ‘‘giving money as a payoff for something’’, so it is why so many defendants of bribery in recent years use ‘‘campaign contributions ’’ in defense of their behaviors. To ensure the legislative purpose of the Political Donations Act from bribery, we should establish delicate criteria to distinguish a campaign contribution from a bribe. On the other hand, the Political Donations Act is promulgated on 31 March 2004. The court should apply some relevant provisions of the Political Donations Act to examine the defense of campaign contributions is true or false, being a reference to identify the quid pro quo.
The main purpose of this thesis is how to distinguish a campaign contribution from a bribe reasonably as following: chapter I expounds the research motivation, purpose, methods and scope. Chapter II makes the introductions to the Political Donations Act, in the hope that through the introductions we can understand the legislative history, the definition of a campaign contribution and its receiver, the similarity between a campaign contribution and a bribe and the need of how to distinguish them. Chapter III analyzes how the opinions of practices and discussions of doctrine define the quid pro quo, citing judgments for example to show how the opinions of practices apply the quid pro quo to the distinction between a campaign contribution and a bribe.
Chapter IV makes the introductions to foreign laws. This thesis tries to understand how foreign laws distinguish a campaign contribution from a bribe by researching into opinions of practices and discussions of doctrine of American law and Japan law. In the hope that through the introductions in Chapter IV, Chapter V would like to link the provisions of the Political Donations Act and the experiences of foreign laws, establishing criteria to distinguish a campaign contribution from a bribe. Then this thesis will apply the criteria to the disputed cases mentioned above in Chapter III, showing the feasibility of the criteria and comparing the difference. Chapter VI makes a conclusion, providing advices to the opinions of practices.
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