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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:
- supervising
the execution of budgets,
- approving the receipts and payment orders,
- examining and approving the financial receipts and
payment orders,
- detecting irregularities and dishonest behaviors
with regard to property and financial affairs,
- evaluating the financial efficiency,
- determining the financial responsibilities, and
- 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.
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