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• Main Authors: Wu,Jung-Feng, 吳榮豐
• Other Authors: 黃建銘
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/2mxs27

碩士 === 國立彰化師範大學 === 公共事務與公民教育學系 === 106 === ABSTRACT When a public servants performs his duties, it involves the private interests of the two relatives or the family members living together, which may affect the impartiality of the public servants' actions or omissions in public affairs and responsibilities; therefore, the Conflict of Interests Prevention is in accordance with the objective of different objective decision procedures. To avoid causing distrust of the people, to enhance the public's trust in the character ethics of public servants , and to legalize the conflict of interest, which is a necessary way for the government to act in a clean and honest manner. China's legal system on the Conflict of Interests Prevention , in addition to the special law applicable to the " public servants and their related parties " " the Act on Recusal of Public Officials Due to Conflicts of Interests ", the rest are seen in the Government Procurement Act ,Public Functionary Service Act and other avoidance systems, However, the business attributes of various regulations are different. The legal avoidance purpose of the legislation, the scope of the applicable subject, and the legal effect of violating the regulations are different. In addition to the doubts that may arise when competing, it is also known from the comparison table of relevant duties avoidance regulations in China. This law incorporates related persons into the object of punishment. This kind of law involves the close conflict of interest and conflicts, which are related to the rights and interests of the related parties. This article will be comprehensively analyzed, supplemented by judicial practice, administrative agency interpretation, etc. The constitutional status of the person. This study seeks to focus on the basic rights protection of the "relationships" of the "Public Conflict of Interests Avoidance Act" as the core (unlike the general conflict of interest legal system focuses on regulating the system and penalizing the public officials themselves), and exploring the applicable subject of the current law. Whether the scope is in line with the "legal clarity principle", whether the same punishment standard is used regardless of the "equal principle", whether the restriction of the transaction or the violation of the avoidance obligation to impose a high penalty is not in violation of the "proportion of proportionality" and whether there is a violation of the constitution Enjoy the rights to work such as "right to work" and "property rights", and review it from the 3486th meeting of the Executive Yuan on February 4, 2016, and submit it to the Legislative Yuan for review of the draft amendment to this law. On May 22, 2018, third reading amendment by adding new related persons of the public servants (for example: Article 3 key person recruitment, public opinion assistants at all levels or assistants who have joined the assistant union), exceptions to the limitation of the increase in trading behavior (Article 14 restricts the conduct of transactions, including the procurement through the announcement procedure, the fair competition according to the law, and the regulation of the transaction prohibited by the law.),from Interpretation No. 716, explain the provisions of Article 9 of this Law and Article 15 of the amendment, and interpret the trading behavior, avoidance obligation, and penalty basis in the two legal norms such as the Act on Recusal of Public Officials Due to Conflicts of Interests and the Government Procurement Act. At the end of the paper, the case of the common case is taken, and the case of the application of doubts is generated, and the conclusions are drawn. Finally, the conclusions of the study are put forward, and the legislation can restrict the rights and interests of the related parties in the form of "crime and wife",conform to constitutional norms. Key Words:Related Parties；Conflicts of Interests；Work Rights；Property Rights