A Study On Administrative Investigatory Property And Limits Of The Government Employee Ethics Units─And The Difference From Criminal Investigation

• Main Authors: CHEN,CHENG-CHONG, 陳振忠
• Other Authors: CHEN,CHENG-KEN
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/3wkw3r

碩士 === 國立高雄大學 === 法律學系碩士班 === 106 === In order to deal specifically with the greed and unlawful issues of civil servants, Taiwanese government’s established the Agency Against Corruption(AAC) on July 20, 100. For investigating and preventing civil servants from corruption. In addition, the Government Employee Ethics Units have been incorporated into the AAC, and were placed under the command of the AAC , and combined with the Prosecutors Organization, in order to fully integrate the strengths of various systems, and fight corruption from the source. At the same time, all levels of the Government Employee Ethics Units play the frontline role. However, the “Organic Act of the Agency Against Corruption, Ministry of Justice” passed by the Republic of China on April 20, 2011, except for the AAC investigators in the headquarters of the AAC, they have not given the judicial police authority for investigating and handling greed or related crimes at all levels of the Government Employee Ethics Units. The powers of the Government Employee Ethics Units at all levels dealing with greed or illegal matters shall be based on the “Act of the Establishment and Management of the Government Employee Ethics Units and Officers”, and the " Act of the Establishment and Management of the Government Employee Ethics Units and Officers " also does not confer judicial police power on the the Government Employee Ethics Units at all levels. Therefore, under the current legal system, the scope of its authority of greed or illegal matters by personnel of the Government Employee Ethics Units at all levels, seems to be limited to the administrative investigation. However, the greed or illegal crimes involving civil servants are criminal in nature. Therefore, when the Government Employee Ethics Units at all levels deal with civil servants’ greed or illegal crimes, it is a very important issue to determine the limits, scope, and scope of the results of the administrative investigation. This paper intends to explore the meaning of establishing a system of the Government Employee Ethics Units, and after the establishment of the AAC, under the current legal system, discuss the legal nature, effectiveness and limits of of the administrative investigation of the Government Employee Ethics Units. Then, based on the power relations between the Government Employee Ethics Units and the AAC, the role of the Government Employee Ethics Units in the conduct of administrative investigations and criminal investigations, and how should it balance the principle of proportionality with the fundamental safeguards? To discuss whether there is room for improvement in the analysis of our current law.