我國政風機構執行行政調查之正當行政程序研究;The Study on the Due Administrative Process for Executing Administrative Investigation by Office of Government Ethics In Taiwan

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Title:	我國政風機構執行行政調查之正當行政程序研究;The Study on the Due Administrative Process for Executing Administrative Investigation by Office of Government Ethics In Taiwan
Authors:	陳彥彰;Chen, Yen-Zhang
Contributors:	法律與政府研究所
Keywords:	政風機構;行政調查;正當行政程序;Office of Government Ethics;Administrative Investigation;due process of administrative procedure
Date:	2024-04-17
Issue Date:	2024-10-09 15:40:45 (UTC+8)
Publisher:	國立中央大學
Abstract:	政風機構的設立目的在於透過防貪、反貪及肅貪的工作推動下，端正機關風氣、促進廉能並維護機關安全。然在追求廉潔政府的道路上，程序的正義亦是現代法治國家不可忽視的重要課題。政風機構執行行政調查的過程及結果的處理，依其種類與方法分別會造成受調查者不同程度的權利干預。然現行法制及實務運作關於受調查對象之程序保障或有未予落實，亦有未盡周全之處。此節，非但不符合程序正義的要求，並使第一線執行職務政風人員屢屢面臨社會質疑濫權、擴權的疑義。是以，本文以政風機構執行行政調查為核心，分別探討政風機構之組織功能及其行政調查權限，進而剖析行政調查可能涉及之基本權干涉。最後，透過學理上之正當行政程序理論輔以實務上爭議案例，檢視現行政風機構執行行政調查程序，審視與探討現行制度之不足，並提出建構之芻議。期作為未來修法之參考，用以兼衡受調查者權利與公共利益，並為第一線執勤的政風人員設立安心執法的準據。;The purpose of establishing the political conduct agency is to rectify the organization culture, enhance integrity, and safeguard organizational security through the work of preventing corruption, anti-corruption and eradicating corruption. However, in the pursuit of an incorruptible government, procedural justice is also an important task that cannot be ignored in a modern constitutional state. The process of administrative investigation which is executed by political institutions and the handling of the results will cause varying degrees of interference in the rights of the persons under investigation depending on their types and methods. However, the current system fails to regulate the procedural safeguards for subjects under investigation, the legal effects and remedies derived from administrative investigations. Such a situation not only fails to meet the requirements of procedural justice, but also makes front-line political officers who perform their duties frequently face social doubts about abuse of power and expansion of power. Therefore, this article focuses on the implementation of administrative investigations by political institutions, discusses the organizational functions of political institutions and their administrative investigation permissions, and then analyzes the interference with basic rights that administrative investigations may involve. Finally, through the academic theory of due administrative procedures supplemented by practical controversial cases, the current administrative investigation procedures of administrative institutions are examined, the shortcomings of the current system are discussed, and suggestions for reform are put forward. It is hoped that it will be used as a reference for future law revisions to balance the rights of investigator and public interests, and also to set standards for safe law enforcement for front-line political officers on duty at the same time.
Appears in Collections:	[Graduate Institute of Law and Government] Electronic Thesis & Dissertation

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