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| 2004 |
| 2003 |
| 2002 |
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Q&A |
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| Item case |
Impeachment | Censure | Correction |
|---|---|---|---|
| 1. Causes | Violation of law or neglect of duties by government employees | Violation of law or neglect of duties by government employees mandating the suspension of duty or other urgent actions | The work or measure of an administrative organization runs counter to the law or its duty |
| 2. Objects | all public functionaries working at the central and local levels. | Public functionaries at the central and local levels | The Executive Yuan and its subordinate organizations |
| 3. Review and decision | Impeachment of a central or local public functionary should be proposed by at least two members and the case should be reviewed and decided by more than nine other members. | The case should be proposed by more than one member and reviewed and decided by more than three other members. | It should be reviewed and decided by a relevant committee of the Control Yuan |
| 4. Referral organ for action | A case of impeachment against a public functionary at the central or local level shall be referred to the Committee on the Discipline of Public functionaries. | The case shall be sent to the boss or a superior of the censured person. | It shall be sent to the Executive Yuan or a concerned ministry or commission. |
| 5. Purposes | Punishment | It shall be handled according to the Law of Discipline for Public Functionaries. A suspension of duty or other urgent actions may be taken. | The administrative organ involved is urged to make improvement. |
| 6. Criminal involvement | If the public functionary has violated the criminal code or military law, the case shall also be referred to a law court or court martial for action. | If the act of a public functionary has violated the criminal code or military law, the case shall also be sent to a law court or court martial for action. | . |
9. Why does the Control Yuan exercise the power of investigation?
According to the Constitution, its Additional Articles, the Control Law and other related statutes, the Control Yuan may exercise the powers of impeachment and censure. It may also propose corrective measures. The exercise of these powers requires investigation to make the case clear and such a case can be initiated only after the facts have been found out. Therefore, investigation is a necessary means to the exercise of control powers. The law allows the Control Yuan to exercise this power of investigation.
10. How does the Control Yuan exercise its power of investigation?
When exercising the power of investigation, the Control Yuan may either assign its members to make the investigation, let its members to do the investigation on their own initiative, commission the investigation to a relevant organization, or do the investigation by circuit supervision.
11. What is an assigned investigation?
When the Control Yuan goes to investigate facts contained in people's written petitions, it may assign a member in rotation to carry out the task or, in compliance with a resolution of the Control Yuan conference or a relevant committee, elect a member or send the member in rotation to make the investigation. This is called assigned investigation.
The rotational investigation is based on the order of members' seats at the Control Yuan conference. In a major case, the Control Yuan conference or a related committee may resolve to elect two or three members to do the investigation as a task force.
12. What is an own motion investigation?
When a Control Yuan member receives a petition from the people or has obtained related material and thinks an investigation is necessary, he or she may apply for own motion investigation.
In doing so, he or she must first register with the Department of supervisory operations of the Control Yuan. Then, the Department must find out whether the same case has been assigned or has been under taken by another member. It will keep the applicant informed after it has found out the reality. If it finds that the case has been assigned or has been investigated by another member, it will refer the case to the member already having proceeded with the investigation for disposal.
If the case of own motion investigation is special, the President of the Control Yuan may seek the agreement of the applicant, or base on his or her report, to assign a member with the required specialty to join in the investigation. If a member has more than ten cases of investigation pending, he or she may be obliged to suspend temporarily the application for more own motion investigations.
13. What is commissioned investigation?
If necessary, the Control Yuan may commission a case or an item to a related organization for investigation. This is called commissioned investigation.
The commissioned organization shall proceed with the investigation immediately and make a written reply to the Control Yuan on the results of its investigation. If no reply is received within two months, the Control Yuan will urge the commissioned organization to hurry up. If the Control Yuan still receives no reply and if the member in charge of the case deems it necessary, he or she may change the commissioned investigation into an assigned investigation and inquire about the responsibility of the commissioned organization for the delay.
In addition to the Executive Yuan and its subordinate organizations and their staffs, the Control Yuan may also investigate the personnel of the Judicial Yuan, the Executive Yuan, and the Control Yuan itself to see if they have violated the law or neglected their duties.
15. Can the Control Yuan investigate cases pending in a law court?
In principle, the Control Yuan will not investigate a case pending in a law court. But if the defendant is suspect of malfeasance or a serious violation of the law and needs immediate investigation, the Control Yuan can certainly proceed with the probe.
16. Is the Control Yuan a quasi-judicial organization?
No, the Control Yuan is not a quasi-judicial organization.
Generally speaking, the term of quasi-judicial organization refers to an administrative organization of joint consultation that in addition to its administrative power possesses incomplete judicial power, such as the rental and tenancy mediation committee of a township or a county. According to the Farmland Rent Reduction Statute, all disputes about farmland rents must be mediated first by a township rental and tenancy committee. If the township committee fails to reach a settlement, the case should be referred to the county committee for continuing mediation. Only when the dispute cannot be settled by mediation, can it be referred to a judicial organization for disposal. If the mediation succeeds, the settlement is as valid as a verdict passed down by a court, so the dispute over private rights can be declared as settled. Therefore, such rental and tenancy committees are what we mean quasi-judicial organizations. Similarly, the mediation committees of townships are also quasi-judicial organizations. But the Control Yuan is the highest control organ of the nation that exercises the powers of control provided by the Constitution and its related laws. It is neither an organization of joint consultation, nor does it possess incomplete judicial power. Consequently, the Control Yuan is not a quasi-judicial organization.
