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Functions and Powers
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¡@

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: “T"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 below:

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