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Historical Background
The control system in China began more than two thousand years ago in
Chin (246-206 B.C.) and Han (206 B.C.-A.D. 220) dynasties. At that time, the government was placed under the
supervision and control of the office of yu-shih(御史) . During the reign of Emperor Wu of the Han dynasty, the
posts of cheng-hsiang szu-shih(丞相司直) and szu-li chiao-wei(司隸校尉) were instituted in the capital.
Also established were 13 pu-tzu-shih(部刺史) to ride herd on the provinces. Emperor Kuang Wu of the Eastern
Han dynasty (A.D. 25-57) modified the system by using the szu-li chiao-wei to supervise the capital and 12
pu-tzu-shih to oversee provincial activities. The modification continued after the Wei (220-265) and Tsin (265-420)
dynasties. In Sui (581-618) and Tang (618-904) dynasties, the office of yu-shih was divided into tai(台)
and chien(諫). The former was charged with supervising civil officials and military officers while the latter was
responsible for counseling the emperor. In keeping with the tzu-shih(刺史) system of the Han dynasty,
an-cha-shih(按察史) was established to supervise the officials in 15 provinces. The functions of tai and
chien became blurred in the second half of the Sung dynasty (960-1279), leading to the mergence of the two
offices in the Yuan dynasty (1279-1368). In Ming (1368-1644) and Ching (1644-1911) dynasties, a tu-cha-yuan
(都察院) was set up to supervise government ethics, marking further development of the control and supervision system.
Supervision at the local level was strengthened and the number of chien-cha yu-shih(監察御史) was increased
from 13 to 15. Toward the end of the Ching dynasty, the number was further increased to 20. They were responsible for
conducting investigations in various areas and reporting cases of impeachment to the throne. Their goal was to commend
good officials, condemn bad ones and enforce discipline in the officialdom.
The founding father of the Republic of China, Dr. Sun Yat-sen advocated a five-power
constitution as early as 1905, when he founded Tung Meng Hui to spearhead the Chinese revolution. He consulted the
Western system of checks and balance between legislative, executive and judiciary powers, and added two traditional
Chinese government powers of examination and supervision (control) to complete the five-power system. When the new
republic was established in Peking in 1912, it first implemented the three-power system of the West, leaving the power of
impeachment to the parliament. The five-power system was adopted in 1928 when China was reunited in the Northward
Expedition.
First, an Auditing Yuan (審計院) was established in February 1928 to control government finance. In February 1931, the Control Yuan was formed to serve as the highest supervisory organ of the National Government by exercising the powers of auditing and impeachment. At the same time, the Auditing Yuan was downgraded into the Ministry of Audit and was subordinated to the Control Yuan. In 1937, after the outbreak of the Sino-Japanese War, the powers of censure and recommendation were added to the Control Yuan.
The Constitution of the Republic of China was enacted on December 25, 1947. And the first constitutional Control Yuan was organized on June 5, 1948 by members elected by provincial, municipal, Tibetan and Mongolian representative councils and overseas Chinese communities according to the Constitution.
When the Constitution was put into effect, the Control Yuan set up branch offices in various regions. These offices were suspended when the central government was relocated from the mainland to Taiwan.
When the second National Assembly met in May 1992, it approved the Additional Articles
of the Constitution of the Republic of China, which provides that the Control Yuan shall have 29 members, including a president and a vice president, all of whom shall serve a term of six years and shall be nominated and, with the consent of the National Assembly, appointed by the President of the Republic. Henceforth, members of the Control Yuan are no longer elected by representative councils. In accordance with this constitutional amendment, the members of the second Control Yuan, nominated and appointed by the President with the consent of the National Assembly, began to exercise their powers on February 1, 1993. Members of the third Control Yuan were nominated and appointed as the second ones.
In April 2000, the fifth convention of the third National Assembly made a constitutional amendment, transforming the power of consent of members, president and vice president of the Control Yuan from the National Assembly to the Legislative Yuan. Therefore, members, president and vice president of the Control Yuan shall be nominated by the President of the Republic, with the consent of the Legislative Yuan.
Organization, Functions and Powers
1. Organization
(1) President, Vice President and Members
According to the second paragraph of Article 7 of the Additional Articles of the
Constitution, the Control Yuan shall have 29 members, including a president and a vice president. According to the
Organic Law of the Control Yuan, the president shall take charge of the Control Yuan affairs and supervise its
subordinate organizations. The vice president shall act for the president if the president cannot carry on his or her office
for reasons.
(2) Control Yuan Plenary Meeting
The Control Yuan meeting, which is convened by the president, is formed by the president, vice president and all members of the Control Yuan. Extraordinary meetings may be convened under the direction of the president or on the proposal of at least a quarter of the members. The president of the Yuan acts as chairperson. In his or her absence, the vice president acts as the chairperson. If both the president and vice president are absent, a member will be elected to act as the chairperson. A quorum for Yuan meeting is half of the membership. Proposals must be submitted in writing. An extempore motion may be brought up if it is seconded by two members or more, and motions are carried on a simple majority of members present. An annual meeting is held within two months after the yearend to review the work done in the year and the performance of the government.
The following matters should be brought up at the Control Yuan Plenary Meetings:
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The draft laws to be submitted to the Legislative Yuan,
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Matters about the Control Law and ordinances to be reviewed,
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The auditing reports on the budget accounts of the national and local governments under deliberation,
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The study and improvement concerning the powers of impeachment, censure and audit,
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The study and improvement of corrective measures to be brought up,
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Committee reports,
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Matters passed down by the president of the Yuan,
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Matters brought up by members of the Yuan, and
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Other important matters.
(3) Administrative structure
The Control Yuan has a secretary general with the rank of special appointment, who shall, under the orders of the Yuan president, take charge of the routine operations of the Yuan, and command and supervise its staff. Under him or her, there is a deputy secretary general, who, on the orders of the Yuan president, should help the secretary general to carry out his or her duties. In addition, there are 4-6 counselors, 4 departmental directors, 4-6 research commissioners, 4 deputy departmental directors, 24-28 investigation officials, 2 office chiefs, 1 chief for the petition processing office, 13 divisional chiefs, 2 senior specialists, 18-23 secretaries, 8 sectional chiefs, 24-28 investigation specialists, 10-16 specialists, 2 analysts, 2 programmers, 24-28 investigators, 15-23 administrative assistants, 2-4 stenographers, 2 nurses, 4-8 assistants, 2 operators, 1 pharmacist, 10-18 junior assistants, and 17 clerks.
The Control Yuan has a department of supervisory operations, a department of supervisory investigation, a department of asset disclosures by public functionaries, a secretariat, a general planning office, an information office. These departments and offices, which may be subdivided, are in charge of the following affairs:
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Affairs about the receiving, processing and submitting of proposals for petitions filed by the people,
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Affairs about censure and impeachment,
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Affairs about investigation and joint investigation,
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Affairs about asset reports filed by public functionaries,
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affairs about taking meeting minutes and editing and issuing gazettes;
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affairs about receiving and delivering of documents and maintaining and using seals;
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Affairs about treasury and general business,
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Affairs about drawing up general plans, research, development, and evaluation,
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Affairs about the planning and management of information systems,
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Affairs about coordination, liaison and news release,
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affairs about other related matters.
Besides, the Control Yuan has an accounting office, a statistic office, a personnel office, and an ethics office, which discharge their respective duties according to law. Each of these offices has a chief and is staffed by personnel within the limit set in the Organic Law of the Control Yuan.
On January 7,1998, the President of the Republic of China promulgated a revised version
of the Organic Law of the Control Yuan. It is stipulated that the Control Yuan shall set up under the department of
supervisory investigation the positions of investigation officials, investigation specialists, and investigators, who, under the
command and supervision of the secretary general, shall help members of the Control Yuan to execise their supervisory
powers. These investigation personnel will be divided, according to their educational backgrounds, abilities and specialties
into five groups; namely, the internal and minority nationality group; the judicial, prison administration, police, fire control
and asset disclosure group; the financial and economic group; the communication and procurement group, and the diplomatic,
overseas Chinese, national defense, intelligence, education and culture group.
(4) Committees
Article 96 of the Constitution provides that the Control Yuan may, taking into account the work of the Executive Yuan and its various ministries and commissions, set up a certain number of committees to look into their activities with a view to ascertaining whether or not they are guilty of violation of law or neglect of duty. According to the organic law of the committees of the Control Yuan, seven have been established, namely:
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Committee on internal and minority nationality affairs,
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Committee on foreign and overseas Chinese affairs,
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Committee on national defense and intelligence affairs,
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Committee on financial and economic affairs,
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Committee on educational and cultural affairs,
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Committee on communication and procurement affairs,
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Committee on judicial and prison administration affairs.
The committees are organized by Control Yuan members. Each member can join no more than three committees, but can participate in other committees as a non-voting member. A committee cannot have more than 14 members, who should elect a convener from among themselves to handle its day-to-day business. The members of a committee are called into session by the convener, who should serve as its chairperson. An extraordinary meeting may be held upon the proposal by at least three members. A joint session may be held to handle a case that involves two or more committees.
Each committee is staffed with two secretaries, two or three administrative assistants, and one clerk.
The supporting staff of each committee are to be transferred by the Yuan president in consideration of the workload of the committee.
In keeping with the stipulations of Paragraph 3 of Article 2 of the organic law of the committees, the Control Yuan has set up the following eight special committees:
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Committee on statutory studies,
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Committee on consultation,
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Committee on discipline for Control Yuan members,
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Committee on anti-corruption,
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Committee on deliberation of petitions,
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Committee on budget planning and execution,
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Committee on international affairs,
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Committee on human rights protection.
Except the committee on consultation, the other three -- the committee on statutory studies, the committee on discipline for Control Yuan members, and the committee on anti-corruption -- are organized by members of the Control Yuan. They are charged with the study of supervisory statutes, deliberation on the disciplinary cases involving members of the Control Yuan, and the deliberation and disposal of asset-reporting cases involving public functionaries.
Each of these special committees shall have a secretary, and the supporting staff shall be served concurrently by Control Yuan officials.
Paragraph 3 of Article 52 of the Petition Law provides that the Control Yuan shall set up a committee on deliberation of petitions. This committee shall have nine to thirteen members with the vice president of the Control Yuan as an ex officio member and as the chairperson. At least a half of the committee members shall be recruited by the Control Yuan president from among the impartial personalities, scholars, or specialists in society. The rest shall be recruited by the president from among the members other than those serving in the committee on anti-corruption. Their task, as the title of the committee suggests, is to handle the petitions on the disposal. The committee shall have an executive secretary, whereas all the other posts are to be filled by the Control Yuan employees concurrently.
About the administrative system of the Control Yuan, please see Appendix Two.
(5) The Ministry of Audit
Article 104 of the Constitution states: "In the Control Yuan, there shall be an auditor
general who shall be nominated and, with the consent of the Legislative Yuan, appointed by the President of the Republic."
According to Articles 4 and 5 of the Organic Law of the Control Yuan, the Control Yuan shall set up a Ministry of
Audit and the auditor general shall, under the direction of the President of the Control Yuan, be responsible for the overall
administration of the ministry and supervise its personnel and subordinate agencies. The Organic Law of the Ministry of
Audit provides that there shall be one or two deputy auditor generals to assist the auditor general in administering the
ministry's affairs.
The ministry is composed of five departments. The First Department is in charge of the auditing of general public affairs, the Second Department audits national defense expenditures, the Third Department is responsible for auditing special public affairs, the Fourth Department is in charge of auditing state-run corporations and government-owned business organizations, and the Fifth Department is responsible for auditing financial affairs, whose re-examination office is in charge of reviewing the auditing cases and supervising audit affairs of local governments. Moreover, the ministry maintains under its direct control the offices of secretarial affairs, general affairs, accounting, statistics and personnel to fulfill their respective duties. Under the ministry, there are such officials as senior auditors (including the departmental directors and chiefs), senior auditors, senior examiners (including deputy departmental directors and sectional chiefs), auditors and examiners. The ministry shall have a chief secretary, counselors, departmental directors, deputy departmental directors, office chiefs, secretaries, senior specialists, sectional chiefs, specialists, sectional assistants, assistants to fulfill their prescribed duties. Major auditing operations are decided by resolutions of the Council of Auditors, which is composed of the auditor general, deputy auditor generals and senior auditors.
According to Article 14 of the Organic Law of the Ministry of Audit, the ministry shall establish an audit department in every province and provincial-level city, and an audit office in every county and county-level city to audit the local governments and their subordinate organizations. The auditing departments or office may also audit central government organizations in their area if authorized by the Ministry of Audit. An auditing department or office shall also be established in specific public organizations, public business organizations and public corporations to audit these organizations.
At present, the audit system dealing with local government auditing affairs consists of the subordinate agencies of the Ministry of Audit, such as departments of audit in Taipei city and Kaohsiung city, and 20 audit offices in Taiwan province including Keelung city (also handles auditing affairs of Fukien provincial government, Kinmen county and Lienchiang county), Taipei county, Ilan county, Taoyuan county, Hsinchu county, Hsinchu city, Miaoli county, Taichung county, Taichung city, Chianghua county, Nantou county, Yunlin county, Chiayi county, Chiayi city, Tainan county, Tainan city (also in charge of auditing affairs of Penhu county, Taiwan province), Kaohsiung county, Pingtung county, Hualien county and Taitung county.
2. Functions and Powers
Paragraph 1 of Article 7 of the Additional Articles of the Constitution states that the Control Yuan shall be the highest control body of the State and shall exercise the power of impeachment, censure and audit. According to Article 97 of the Constitution, the Control Yuan may, on the basis of the investigations and resolutions of its committees, propose corrective measures and forward them to the Executive Yuan and its ministries and commissions concerned for improvements. Article 95 provides that the control Yuan may, in the exercise of its powers of control, requests the Executive Yuan and its ministries and commissions to submit for its perusal the original orders issued by them and all other relevant documents. And Article 26 of the Control Law stipulates: 孏"To carry out the power of control, a Control Yuan member with a control certificate or the personnel assigned by the Control Yuan armed with the investigation certificate, may proceed to public or private organizations to investigate the files, records and relevant documents. The heads of these organizations and other related personnel shall not refuse.”
Article 3 of the Control Law states that the members of the Control Yuan may conduct circuit supervision in different areas. Article 4 of the same law stipulates that the Control Yuan and its members may accept the written complaints from the people.
Besides, Article 1 of the Law of Supervision on Examinations provides that except for qualification examinations, the Examination Yuan shall invite the Control Yuan or a regional office of the Control Yuan to send personnel to watch over the examinations. According to the Public Functionary Assets Disclosure Law, the Control Yuan shall handle assets disclosures by public functionaries.
The Control Yuan is thus vested with the powers of impeachment, censure, and auditing. It may also propose corrective measures, take written complaints from the people, make circuit supervision, conduct investigations, watch over examinations and handle assets disclosures by public functionaries. The exercise of these functions begins with investigations and ends in corrective measures, impeachments, or censures. Besides the investigation cases on the Control Yuan members� own initiatives, the main cases come from the written complaints of the people, which, when received, are referred to the second division of the Department of Supervisory Operation, which affixes its opinions, and then forwards them to the Yuan member on duty, who will decide on the action to be taken. If the member on duty decides to subject a complaint to investigation, the Control Yuan, basing on the order of assignment determined by lot-drawing, will assign its members to investigate the case and file a report. If corrective measures are recommended in the report, the case will be referred to the relevant committees for action. If it warrants impeachment or censure, it has to be examined by an examination committee, which is filled by Yuan members in rotation. When the case is established by the examination committee, it is referred to the Committee of Discipline
Against Public Functionaries of the Judicial Yuan for deliberation or to the official in charge or the next higher superior of the person in question for action. (see the flow sheet in Appendix Three)
The powers of the Control Yuan are exercised as follows:
(1)Acceptance of People's Petitions
Article 4 of the Control Law stipulates that the Control Yuan and its members may receive people𠏋 written complaints. According to the rules for implementing the Law and the regulations governing the taking and handling of people𠏋 written complaints by the Control Yuan, a citizen, after finding a public functionary having violated his or her duties, shall list the facts and evidence in detail and report them directly to the Control Yuan or its members. The same rules stipulate that, in handling such complaints, the Control Yuan shall set up a member-on-duty office to enable its members to review and decide such complaints in rotation every day. The member on duty shall, basing on the facts contained in a written complaint, decide whether to refer it to the member in charge for investigation, commission a relevant organization to investigate, or handle it in any other appropriate manner. Nevertheless, if the case does not fall in the jurisdiction of the Control Yuan, the complaint shall be rejected. After a complaint is processed, the Department of Supervisory Operation of the Control Yuan, as a rule, will inform the complainant in writing.
(2)Investigation
To exercise its power of control, the Control Yuan may investigate, through its members or its assigned staff, the ministries and commissions and their subordinate organizations on the central level or the government agencies on the local level and other public and private organizations based on the details contained in a written complaint or on newspaper stories about a public functionary allegedly being involved in the violations of law or in a case of dereliction. The Control Yuan may also commission a relevant organization to carry out the investigation. Control Yuan members, in addition to engaging in the investigation in rotation, may initiate an investigation voluntarily.
(3)Corrective Measures
Article 24 of the Control Law stipulates that the Control Yuan, after investigating the work and facilities of the Executive Yuan and its subordinate organs, may propose corrective measures to the Executive Yuan or its subordinate organs for improvement after these measures are examined and passed by the relevant committees. After receiving the proposal, the Executive Yuan or the ministry or commission involved shall make improvement or take other actions immediately and reply to the Control Yuan in writing. If the improvement is not made and the Control Yuan does not receive the reply in two months, the Control Yuan may, through resolutions by its relevant committees, raise the question in writing or summon the officials in charge for questioning.
(4)Impeachment
The Control Yuan may institute impeachment if it deems a public functionary in the Central government or in a local government guilty of neglect of duty or violation of law. According to the stipulations of the Additional Articles of the Constitution and the Control Law a case of impeachment shall be initiated by at least two members of the Control Yuan and it shall be established after examination by no less than nine members, excluding the two who have initiated the case. The case shall be referred to the organization in charge of punishment.
All members of the Control Yuan shall join, in rotation, the examination committee of cases of impeachment. Thirteen members will be invited in each case, but the members involved in the case shall remove themselves from the examination. If an impeachment case cannot pass the examination and if the members who initiated the case persist in their belief that the impeachment is warranted, the case shall be reexamined by another examination committee formed by at least nine different members. The decision of the second examination committee is final.
If the offense involves the dereliction of duty or violation of law and is serious enough to require immediate remedy, the case shall be referred directly to the offender𠏋 superior in charge for immediate action. If the case involves violation of the criminal code or military law, it shall be sent to a court or court martial for appropriate action.
The President of the Control Yuan shall not attempt to influence or interfere with impeachment proceedings. All impeachment cases shall be kept confidential before it is referred to a competent disciplinary organization for action. Once the examining members decide to announce the case, the Control Yuan shall make the announcement when the case is referred to the disciplinary organ.
If the disciplinary organization has received a statement made by an impeached person, it shall forward the statement immediately to the Control Yuan, which ,in turn, shall immediately forward it to the Control Yuan members who have initiated the case of impeachment. After receiving the statement, the said members shall forward their opinions to the disciplinary organization within ten days. The Control Yuan may question the disciplinary organization if no action on a case of impeachment is taken in three months.
(5)Censure
When a Control Yuan member finds a public functionary has neglected his or her duty or violated the law and deems it necessary to suspend him or her from office or take immediate action, the member may file a written censure against the public functionary. If the censure is examined and approved by more than three other members, the Control Yuan shall forward the case to the superior in charge of the public functionary. If the case falls within the jurisdiction of criminal code or military law, it shall be referred to the competent law court or court martial for action.
If a Control Yuan member who is assigned to fulfill his or her duty in a supervision district decides to make a censure proposal to the Control Yuan against a public functionary lower than the recommended rank, the member, if necessary, may notify the superior of the censured person to arouse his or her attention. After receiving the written censure, the superior or the official in charge must take appropriate action in accordance with the provision of the Law of Discipline Against Public Functionaries within one month. The superior may suspend the censured person from duty or take other immediate actions.
If the superior official considers no action should be taken, he or she shall report the case to the Control Yuan with appropriate explanation. If the superior fails to take action in compliance with the law or if the action is considered inappropriate by more than two Control Yuan members, an impeachment may be proposed against the censured person. If the impeachment proceedings result in penalty for the censured person, his or her higher official or the next higher official in charge should be held responsible for dereliction of duty.
(6)Circuit Supervision and Inspection
Article 3 of the Control Law provides that members of the Control Yuan may conduct circuit supervision. This activity is divided into the central level and the local level. Supervision on the central level is done by the various committees that are related to the business of the central organization to be supervised. Supervision for the local level is based on the geographic divisions and carried out by 11 teams. The supervision covers the following fields:
· the administrative agenda and the execution of budgets,
· the application of government policies and regulations,
· the ethics of public functionaries at various levels,
· the implementation of corrective measures,
· the livelihood of the people and social condition, and
· the handling of people's complaints, and other related matters.
(7)Invigilation
According to the Examination Law, the Examination Yuan or an examination organization shall invite the Control Yuan or branch offices of the Control Yuan to watch over the examinations except those held for determining the qualifications of the examinees. For an examination conducted by an ad hoc committee, the Control Yuan should be requested to send one or more members to exercise its power of invigilation. For examinations that are presided over by officials dispatched by the Examination Yuan or by organizations comissioned by the Examination Yuan, the Control Yuan may assign personnel in the locality to carry out the invigilation.
(8)Audit
According to Article 90 of the Constitution and Article 7 of the Additional Articles of the Constitution, the power of audit is one of the control powers. Article 105 of the Constitution states that the auditor general shall, within three months after presentation by the Executive Yuan of the final accounts of revenues and expenditures, complete the audit thereof in accordance with law, and submit the audit report to the Legislative Yuan. The power of audit, according to the Law of Audit, shall be exercised by government auditing agencies. The central government and its subordinate organizations shall be audited by the Ministry of Audit,
provincial governments and the governments of cities on the provincial-government level shall be audited by the departments of audit, and county and county-level city governments shall be audited by the offices of audit.
The audit organizations are responsible for auditing the financial operations of government agencies at all levels. According to the Law of Audit, the power of audit includes:
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supervising the execution of budgets,
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approving the receipts and payment orders,
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examining and approving the financial receipts and payment orders,
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detecting irregularities and dishonest behaviors with regard to property and financial affairs,
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evaluating the financial efficiency,
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determining the financial responsibilities, and
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fulfilling other auditing duties mandated by law.
The Law of Audit provides that auditors shall carry out their duties independently without interference and that the auditing agencies shall regularly or extemporaneously send their auditors to various organizations to exercise their duties. If an auditing agency does not send its auditors to an organization, it may request the organization to submit the relevant documents for random inspection. Auditing agencies may examine the receipts, payment vouchers and property of public organizations at any time. If the auditors demand to inspect the books and vouchers or other documents, or cash and property, the persons in charge of the organizations shall not conceal them or refuse to surrender them. They shall reply to questions in detail and supply all relevant materials if asked.
If auditors find financial irregularities or dishonest conducts among the officials in various organizations, they shall report their findings to the competent audit organizations and notify the heads of the organizations of the officials for action. They may also report, through auditing organizations, to the Control Yuan to deal with the case according to law. If a criminal offense is involved, it shall be referred to the court and reported to the Control Yuan. If the auditing agency finds an organization notoriously inefficient or neglecting its duties, it shall notify the organizations supervising agency and report to the Control Yuan.
(9) Acceptance of Public Functionaries Assets Disclosures
According to Article 4 of the Law of Asset Disclosure by Public Functionaries, the following officials shall report their assets to the Control Yuan: the President and vice President of the Republic; the presidents and vice presidents of the five Yuans; politically assigned officials; paid senior advisors, national policy advisors and strategic advisors of the Office of the President; officials above the level of township chiefs (including urban townships and township-level cities) elected according to law; elected representatives on and above the county level (including the county-level cities). Article 11 of that law provides that the officials who are mandated to report their assets but have failed to do so without appropriate reasons shall be fined for an amount ranging from NT$60,000
to NT$300,000, officials who are intentionally untruthful reported their assets, shall be fined the same. If he or she persists not to report in time without appropriate reasons after being notified to make the disclosure, he or she shall be sentenced up to a year in prison, detained for labor, or fined for an amount ranging from NT$100,000 to NT$500,000. His or her name shall be published in government gazette if the publication is mandated by law.
(10) The Control Yuan as an informed agency handling investigation results of interest prevention cases of public functionaries
Paragraph 2 of Article 10 of the Public Functionaries� Conflict of Interests Prevention Law obliges public functionaries to prevent interest conflicts and to inform the agencies in writing stipulated in Article 4 of the Public Functionary Assets Disclosure Law. Article 12 of the Public Functionaries� Conflict of Interests Prevention Law also states that if a functionary does not prevent the interest conflicts, the people concerned shall apply for interest conflict prevention to the agency where he or she serves. If the functionary is the chief of an agency, the interest conflict prevention application should go to his or her superior agency. If there is no superior agency to the functionary, the interest conflict prevention application shall be sent in the Control Yuan.
According to Articles 19 and 22 of the Public Functionaries� Conflict of Interests Prevention Law and Paragraph 1 of Article 2 of the Public Functionary Assets Disclosure Law, if those functionaries who should make assets disclosures to the Control Yuan but refuse to do so, or those functionaries who directly or indirectly get profits from people concerned by action or inaction on duty, the Control Yuan shall make investigations and impose fine to them. When the fine imposing cases are sure, they will be post on the Internet, issued in the government gazette or newspapers.
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