A Study on Government Procurement Act-Focus on The Crimes of Deputized Public Official in Public Procurements

• Main Authors: Ming-Sian Shen, 沈明賢
• Other Authors: Guo-Hua Chang, Ph.D.
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/32q8bv

碩士 === 國立雲林科技大學 === 科技法律研究所 === 103 === The “public official” of our Offenses of Malfeasance is for " Those who engaged in public affairs in accordance with law". After the Criminal Code of the Republic of China amendment to Articles 10 Clause 1& 2 on February 2, 2005 , the term “public official” means the following persons：1. Those who exercises public duties under law or order. 2. Those who empowered with legal function and power serve an organization of the state or a local autonomous body; and engaged in public affairs in accordance with law. 3. Those who, entrusted by an organ of the state or a local autonomous body, are engaged in the public affairs within the authority of the entrusting organization. The legislative purpose of Anti-Corruption Act is to highly punish and cleanse political corruption, and the legislative interest protected by Offences of Malfeasance in Office in the Criminal Code of the Republic of China is the justice and integrity of performance by the public official. After the amendment of the criminal code in 2005, the definition of public official has been narrowed down to “Those who engaged in public affairs under his legislative authorities”, eliminating those who deals with private affairs between firms and private schools. Therefore, the new definition is in accordance with the article 4 to article 6 of the Anti-Corruption Act. The behavior of corruption is mainly resulted from that a public official accepts a bribe or commissions. Those who works in public enterprises、 public schools, and institutions involved in public affairs, are also targets for the law enforcement agencies when dealing with corruption cases, for these institutions are also regulated by the Government Procurement Act in the course of procurement. However, owing to the regulation of the Government Procurement Act, the purchasing in the public and private sectors is slipped, and what is worse, those who in the purchase sectors violating the Government Procurement Act might not be penalized. Then, whether it is resulted from the shortcomings of law or the intentions from legislators has been a debate. The main goals of this study are to analyze the deficiency of the law, to propose the possible improvement, referring to the procurement of public affairs and official authority.