A Study on Financial Disclosure and Supervision Mechanism of the Religious Organiaztion: A Case of Tzu Chi Foundation

• Main Authors: CHEN, YU-HUA, 陳俞樺
• Other Authors: WANG, CHIH-CHENG
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/v5jpfn

碩士 === 國立中正大學 === 會計資訊與法律數位學習碩士在職專班 === 105 === The financial controversy caused by Tzu Chi's Neihu land development in 2015 has not only revealed the mystery of the long-term financial operation of religious groups, but also pointed out whether financial disclosure violate the Constitution to protect religious freedom, whether the governance and accountability of religious groups are in line with the expectations of the society and whether legislation should be set up to regulate and monitor the financial information of religious groups. This study discusses the importance of accountability to religious groups from the following three main causes of Tzu Chi’s financial controversy event: internal management, financial autonomy of religious groups and government’s flawed legislation. It aims to be the reference for the construction of financial information disclosure and supervision mechanism of religious organizations in Taiwan by exploring the disclosure of financial information and supervision of nonprofit organizations in the United States and Taiwan, as well as by comparing the draft of the "Religious Group Law" and the draft of the “Law of the Foundation” regarding the financial disclosure and supervision system. The study argues that the accounting system, the accounting books and the disclosure of financial information used to record the economic activities of religious groups, do not affect the practice of their religious purposes because their economic resources come from the public, their economic activities are external relevant and there are potential conflicts of interest. Religious groups should not be exempted from the jurisdiction of national law under the excuses of religious autonomy and protection by the Personal Data Protection Law. Therefore, it is necessary for the government to legislate properly for the management and supervision of religious groups but complies with the Constitution and does not infringe the privacy of the individual. This paper sets out the principles of "financial informationization", "information transparency", "transparent supervision" and "legalization of supervision" for future establishment of financial disclosure and supervision mechanism of the religious groups. In order to enhance the transparency of religious groups financial information and to achieve the purpose of practicing religious sacred mission and the proper use of social resources, the religious groups should be asked to fulfill the following: Improve their quality of financial statements, Strengthen the content of tax declaration materials, establish integrated information platform, promote the electronic environment, construct reasonable and good religious legal system.