| ¡@
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:
<back>
|