Characteristics of the Disciplinary Sanctions System
According to the Law of Disciplinary Sanctions of Public Functionaries and the main ideas and the characteristics of this Commission's organic law, the characteristics of the disciplinary sanctions system for public servants may be summarized as follows:
(1) Compliance with the Constitution: Article 77 of the Constitution of the Republic of China provides that disciplining public servants is one of the duties of the Judicial Yuan. This Commission was accordingly established; together with the Supreme Court and Supreme Administrative Court under Judicial Yuan, this Commission is one of the three highest judiciary agencies of final judgment. Interpretation No. 396 of Judicial Yuan specifies that the civil service disciplinary agency should be a court system, the intent of which is to ensure that all agencies under the Judicial Yuan adopt the same system in compliance with the Constitution. Before implementing the Constitution, disciplinary commissions at all levels were belong to judiciary system, which must implement the five-power spirit of the Constitution .
(2) A Unified system: The disciplinary sanctions system for public servants was formerly divided into central and local levels. In addition, Political Appointees Disciplinary Commission was established. such system and that Commission were gradually reduced in size and merged to this Commission before and after implementation of theConstitution. In accordance with Interpretation No. 262 of the Grand Justices, the impeachment of military personnel by the Ombudsman Yuan shall be referred to the Commission for review. Disciplinary powers were therefore unified under the Commission on the Disciplinary Sanctions of Public Functionaries, which is in charge of all disciplinary matters at both central and local levels, and has authority over both political appointees and ministerial officials. The Commission is characterized by a unified system and centralized power. In principle, the Commission's deliberation of disciplinary cases shall take the form of written reviews. However, for the sake of caution, the Commission's investigations may be delegated to the administrative or judiciary agency.
(3) Judicial characteristics: The existing public servant discipline agency is subordinate to the Judicial Yuan, and is a pure judiciary agency. Although the public servant discipline agency is in the form of a commission, and not a court, it still fully retains judicial characteristics. With regard to acceptance of cases, the Commission may not hear cases not referred to by a competent agency. The deliberation of cases by this Commission is the same as that of general court. The writing of this Commission's resolutions is the same as general court judgments. The recusal, investigation, and service of process are similarly handled in accordance with the provisions of Code of Criminal Procedures. Commissioner's appointment qualifications emphasize on the experience as a judge. Because commissioners are considered as the constitutional judges (see Interpretation No. 162 of the Judicial Yuan), the provisions of Articles 80 and 81 of Constitution regarding judges are likewise applicable to commissioners. These underscore this Commission’s judicial character.
(4) Relationship with control: The exercise of the power to discipline public servants is closely connected with control. Impeachment is one source of disciplinary cases; impeachment cases are sent by the Ombudsman Yuan to a disciplinary agency, namely this Commission, for review. This Commission plays a passive role, and adopts the Akkusationsprinzip principle. There is no deliberation of discipline when there is no impeachment case. Even in the case of those public servants whose misconduct or negligence is discovered by their supervisors and who possess a rank of selected appointment or above, shall still sent by their supervisors to the Ombudsman Yuan for investigation, and a decision shall be made whether to proceed with impeachment and refer the case for disciplinary action.
(5) Relationship with administration: The greatest numbers of public servants at all levels are at administrative agencies. Each Yuan, ministry, department, and provincial (municipal) government shall refer those public servants who have engaged in misconduct or negligence and must be subject to discipline for implementation. The supervisors of persons whose disciplinary judgments have been approved shall implement the disciplinary punishments.