| 英文摘要 |
The study tries to review the proposed amendments to the“Civil Ser-vice Performance Evaluation Act”and its enforcement rules which the Ex-amination Yuan has drafted, particularly those dealing with the Perform-ance-C Rating. From the design-evaluation perspective, the study aims to clarify if the new regulations meet the general principles of appropriate laws and correspond closely to the six selection criteria specified in the model of policy recommendation by William N. Dunn. The research results can be outlined as follows. First of all, the proposed provisions of performance-C-Rating run the risk of violating the legal reservation principle. Second, the conditions leading to a C-performance rating are not sufficiently specified. Third, due process of law and the grievance-redressing system to be invoked and executed when rendering performance evaluation are far from thorough or comprehensive. In addition, imposing a limit of two percent of the work-force as qualified for the C-performance rating will invite tough challenges and great difficulties, virtually making it impossible to implement. Accord-ing to the analysis above, the study puts forth a few suggestions for the Ex-amination Yuan to consider as it continues to fine-tune the relevant provi-sions. For one thing, specific conditions and circumstances should replace the two-percent threshold rule, while the C-rating as part of the performance appraisal system should be explicitly regulated by law. Also, due process of law should be fulfilled in administering the evaluation process. A concluding point is that the right to commence a proceeding of Administrative Litigation by anyone unsatisfied with a C-rating disposition, be it the first or second time in sequence, should be respected and granted. |
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