The Study On The "Public Officials’ Conflict Of Interest Withdrawal Law" Of Taiwan

Conflict of interest is an important incentive for public officials to abuse power and corruption.Therefore,the management and control of conflicts of interest is a forward-looking strategy to effectively prevent corruption,and to legislate to build a conflict prevention system is the vast majority of countries or regions generally follow the path,including China’s Taiwan.“Public Officials’ Conflict of Interest Withdrawal Law" is the basic law for prevent conflicts of interest in Taiwan,which is based on a special background.In the late 1980 s,China’s Taiwan began to lift martial law and end authoritarian rule.Then the political democratization and liberalization was propelled quickly.Taiwan stepped into period of democratic transformation.However,the by-product in the process of democratic transformation,such as timocracy,began to appear and deteriorate.The corruption also showed new forms and characteristics.Therefore,in order to eliminate the timocracy,prevent the improper delivery of interest and curb the spread of corruption,China’s Taiwan "Legislative Yuan" began to make the law.However,as a result of divergence on the necessity of legislation and the legislative model,the legislative process of “Public Officials’ Conflict Of Interest Withdrawal Law” was very tortuous.The “Public Officials’ Conflict Of Interest Withdrawal Law” was finally enacted in July 12,2000.In order to understand the “Public Officials’ Conflict Of Interest Withdrawal Law” profoundly,this article based on the research and analysis of the legislative process,the legal text and the related legal documents of the “Public Officials’ Conflict Of Interest Withdrawal Law”.Moreover,through the further analysis of some special legal provisions,this article points out the shortcomings of the law and the doubts in the application.At the same time,through the analysis of the internal relations between the withdrawal for conflict of interests and the derogation of human rights,this article explored the reasons and limits of the issue about the withdrawal of public officials for conflict of interest.