Title page for etd-0620113-002745


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URN etd-0620113-002745
Author Zhi-xuan Chen
Author's Email Address markgogogogo@gmail.com
Statistics This thesis had been viewed 5588 times. Download 363 times.
Department ICAPS
Year 2012
Semester 2
Degree Master
Type of Document
Language zh-TW.Big5 Chinese
Title The Legal System of the Administrative Supervision in Taiwan
Date of Defense 2013-06-14
Page Count 504
Keyword
  • governance
  • the audit
  • information disclosure
  • separation of powers
  • monitoring
  • The Bureau of Investigation
  • evaluation
  • supervision
  • Abstract In order to prevent the dominance of the executive power and corruption, organized body are true administrative supervision system to monitor and control the executive. Taiwan (country) the current system, have to distinguish between external supervision and internal supervision of the administrative oversight mechanisms, external monitoring system including monitoring, legislative, judicial, examination and even public - private partnership under the right media monitoring, supervision by the masses and other related entities; while the political wind system , Independent Agency, the prosecutorial system, Bureau of Investigation, etc., this study suggests that the internal organization of the administrative organs, social phenomena observed are totally from the oversight capacity, and the internal oversight system in a particular case, the norm has a short-term external oversight body into administration areas of supervision, the social aspects of the methodology for 2010 onwards, the Taiwan Railway engineering contractor five cases, deputy director of the outbreak led to sexual banquets losses caused 300 million yuan, scholar Chen Yaoxiang command and management within the organization that is the main cause of corruption, required supervision and internal audit by external forces, this view consistent with this exciting, addition, this study further to distinguish between theory and fact "administrative oversight" and "administrative command and management," remedy organizational and human doctrine concealed under, but generally organizational level that can be self-monitoring error temperance legislation and blind spots, try on the existing system of administrative law system, summed pulled out of the "General administrative supervision" and create "internal supervision" and "external supervision" of the theoretical and practical basis principled "internal and external oversight General" and "the theory" elaborated various oversight state. Complete the Taiwan Area Administrative Law conferred on the Authority fifth framework for theory and practice of systematic problems solved.
      To oversee the executive role of the governing power, the government set a variety of before, during, post-supervision norms, on a sound, solid state financial system, the audit department has research provides "audit system reform program." However, supervision practice in Taiwan there are still many pending the review of the Department, as the social plane from central to local corruption continue; on large-scale construction contracts tendered by the scandal after another, existing checks and balances is clearly not an effective solution to the problem, in addition to the government and prosecutors, government ethics system of corruption cases investigated in advance of responsibilities prevention and post-partition problem, limit the exercise of the right to monitor, and the autonomy of the executive power of the play and its feedback effects, as well as the right to monitor how their organization and the local system is the optimum adjustment and other issues, must be systemic, systematic review, and have developed policy and legislative oversight direction.
      Although the Taiwan Area and the cabinet system or authoritarian state system differ, resulting in the design and organization of administrative supervision system has a considerable difference, but to build the system of administrative supervision to supervise the operation of the executive power being justified on the " Supervision original ideal ", then it is consistent Therefore, the administrative supervision of the research in the international comparison is important. Therefore, the author of administrative supervision system were discussed the current status of national administrative supervision system characteristics. Including joint research with academics Deng Xuanliang's Ombudsman, Singapore anti-corruption bureau, the Nordic ombudsman and other monitoring organizations, and make ecological land short and finally.
      How to enhance external to the organization of administrative oversight and administrative framework used in the five studies point out the advantages and disadvantages of administrative supervision, and made the appropriate recommendations, for example, compare the mainland Commission for Discipline Inspection, the Ministry of Attorney General, Anti-Corruption Bureau, Bureau of Corruption Prevention, procuratorate , seemingly complete but corruption continued, and "most of the system" ideal contrary, from the social aspect of this study, the economic side, the political side and the legal side view from the new construction works, and "Organizing optimum Commandments" comprehensive doctrines such as observation, propose a single, integrated and strengthened the highest supervisory body ─ Control Yuan vision.
    Advisory Committee
  • Yan,Yang-Ching - chair
  • Te-Chun Lee - co-chair
  • Shuai-Lian Deng - advisor
  • Files
  • etd-0620113-002745.pdf
  • Indicate in-campus at 5 year and off-campus access at 5 year.
    Date of Submission 2013-07-20

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