To build the clean government has become a new trend of the political reforms all over the world, and an important symbol of high national competitiveness. In order to establish people’s trust to the government and ensure public servants done their duty justice, Act on Recusal of Public Servants Due to Conflicts of Interest (ARPSCI) is enacted to protect the value of democracy and the foundation of ethics and also implement the accountability.
With the social changes and the evolution of democracy, ARPSCI has been implemented during the past decade since July 12, 2000, and there are a lot of issues waiting for solutions. This paper studies on ARPSCI by five major principles of administrative law, and collects data from newspapers and literatures. It reveals the policy-making background of ARPSCI through prospects of society, economy, politics, and legislation. Furthermore, the author compares Taiwan’s legislation with the other countries’ conflict of interest systems, and reviews ARPSCI by the three principles of rule by law, the seven principles of due process; identifies the purpose and value of ARPSCI by the viewpoints of the local self-governing and the individual’s participation.
As mentioned above, this paper clarifies the orientation and value of ARPSCI; then discusses about the design of administrative organizations, staff, and budget to support ARPSCI. It also researches whether ARPSCI was designed properly for good performance under the review of nine kinds of administrative authority. Moreover, it discusses whether ARPSCI’s remedy procedure is proper, and advice to improve self-control function of the act.
In short, after analyzing completely, it finds that ARPSCI has lots of institutional problems in the dimensions of basic principle, administrative organization, restriction of administrative power, administrative remedy, and administrative supervision. Therefore, in order to meet people's expectations and construct a fair conflict of interest system, the author proposes personal suggestions.