論政府改造中考試院職能調整之研析   全文下載

Study and Analysis on the Competency Adjustment of the Examination Yuan undergoing Government Reorganization

總統府政府改造委員會，提出政府人力運用彈性計畫方案，對考試院及文官體制產生重大衝擊。長久以來考試院一直以公務人員保護者自居，在推動政府改造方面，常居於配角地位。中央行政機關組織基準法於民國九十三年六月二十三日公布施行，行政院配合提出行政院組織法修正草案，調整其現行組織架構，並已送請立法院審議中。中央行政機關組織基準法第三十八條規定，略以，行政院以外之中央政府機關準用之。因此在當前整個政府積極推動改造的氛圍中，雖文官體制之發展有其延續性及深耕性，非政黨輪替所能加以大幅變革，惟基於責任政治要求，出現「功績用人」與「政治用人」價值之衝突與取捨，此關涉文官體制應如何發展的議題。所以，為使改造順利成功，考試院在組織進行檢討調整之前，應先就各相關體制職能予以探討。爰分就考選、銓敘、保訓等體制職能之調整及考試院組織職能調整之最適原則等，提出淺見，以就教高明。

The President's Committee on Government Reorganization, Office of The President, has raised the flexible plan of utilizing government human resources, which gave a significant impact on the Examination Yuan and the civil service. For long times, the Examination Yuan has been considering itself as the protector of civil servants, and it frequently plays the supporting role while promoting government reorganization. On June 23, 2004, the Basic Law for the Organization of Central Government Agencies was announced for execution. Accordingly, the Executive Yuan has raised the Draft Revision of Organization Law, to adjust its present organizational structure, and it has already been sent for review by the Legislative Yuan. The Article 38 of the Basic Law for the Organization of Central Government Agencies indicates in brief that it applies to central government agencies other than the Executive Yuan. Therefore, under the circumstance of actively promoting transformation by the overall government, the development of civil service can extend its tradition since it has been cultivated deeply and for long time, so there should not be any substantial transformation for alternation of political parties in power, however, for the requirement by responsibility politics, there is the conflict and choice between“contribution-based employment”and“politics-based employment”, which affects the topics of how civil service system develops. Therefore, to make the reorganization successful, before examination and adjustment of the organization, the Execution Yuan should first discuss the competency of related systems. This article comments on the adjustment on examination, personnel, protection and training etc. and also the most suitable principles for the adjustment on the organizational competencies of the Examination Yuan, to solicit more in-depth discussions.