政務人員法律規範之探討   全文下載

Research on the Regulation of Political Appointees

我國目前對政務人員之法規範，並無一套完整的法律作為規範之基礎。對政務人員之範圍、任命、行為規範、權利與義務、處罰、去職等等事項，不是沒有規範，要不然僅散見於其他法律當中，並無統一完整的法律規範，致使適用上常發生困擾與爭議。而我國目前政黨政治與民主政治刻正迅速發展中，因之，對於政務人員統一的基礎法制之建立，實屬刻不容緩。他山之石，可以攻錯，外國制度亦可供我國借鏡，是以，本文就外國法制予以析介，同時以「賽局理論」作為政務人員範圍之立法政策檢討之檢視工具，將檢視結果提出，用資於立法之建議。對於政務人員之任命與其行為之規範，於政務人員任命部分，本文就任命條件、任命程序、宣誓、品德及忠誠查核與財產申報等項，分別逐一予以析論。於政務人員行為規範方面，本文就保密義務、兼職之限制、禁止之行為、濫用權力之禁止、特定政治行為之禁止、政務人員之去留及政務人員之處罰等項分別逐一檢討分析，同時亦提出立法之建議。

At the present time, the fundamental law of the political appointees isn’t enacted entirely in our country. As the office and duty, appointment, behavior regulations, right and obligation, penalties, and demission to the political appointees are unregulated or regulated in different acts. There are disturbances and issues of regulation happened often that caused by aforementioned defect. However, the party politics and democratic politics have been developing soon in our country. Therefore, it is a clamant need for reforming the fundamental law of the political appointees integrally.
Another’s good quality or suggestion may be used to remedy one’s own defects so that the successful or defeated experiences of foreign systems could be our learning example. Consequently, it would be written remarks giving criticizing and presenting on foreign systems in this article. Especially, the Game Theory is considered as an instrument to overlook the policy of enacting the office and duty of the political appointees. And the results of overlooking will be a suggestion to reform the bill.
Furthermore, it will be criticized severally on the appointment and behavior regulations to the political appointees. The qualification of appointment, procedure of appointment, swearing, examining to morality and allegiance, properties declaration, and whatnot for the appointment part would be criticized and analyzed as well as the duty of confidentiality, limitation of plurality, interdiction of behavior, interdiction of abuse of power, interdiction of particularly political behavior, appointment, demission, penalties, etc for the behavior regulations side to the political appointees. At the meantime, the suggestion will also be presented.