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我國公務人員貪污檢舉制度之研究:增強途徑之分析

我國公務人員貪污檢舉制度之研究:增強途徑之分析

顧慕晴

《摘要》

貪污防治是古今中外所有國家為防止公共資源浪費,提振行政效 率,激發文官士氣和促進政治穩定的利器之一。然而,貪污犯罪具有 高度的犯罪黑數。因之,如何透過行政體系內部公務人員的檢舉,以 遏止貪污,不失為良策。為了讓公務人員勇於檢舉,就必予以激勵, 使其有強烈動機,採行檢舉之行為。本文擬從增強理論(reinforcement theory)檢視台灣公務人員貪污檢舉的相關法規與制度,探討其現況 與缺失,並提出改進之道,以期對我國政府的肅貪有所啟發。

[關鍵詞]:貪污、檢舉、激勵、增強理論

A Study of the Enactments of Whistle-Blowing of Civil Service for Anti-Corruption: Reinforcement Theory Approach

Muh-Chyng Guh

Abstracts

Most of the people and governments around the world will agree with the policy that anti-corruption is not only an excellent mean to prevent public funds from wasting, but also a significant method to promote the efficiency in administrative operations, and an important way to advance the legitimacy for the existing regime. However, corruption of the government has a trait of highly dark figure. It means only a small percentage of corruptions are discovered, while most of the corruptions are not known. So, it is very important for a government to encourage civil servants to whistle blow corruption from the inside. However, the critical point for inducing civil servants to expose corruption is if the government offers good and enough rewards to whistle blowers. The second one is if the government provides the sufficient protections to ensure the safety of life and human rights for him/her and their family. The first part of this article intends to analyze the legal enactments for corruption whistle-blowing. The second part attempts to express the defects of these enactments in terms of Reinforcement Theory. The third part recommends some suggestions for the government to reform the legal enactments to strengthen the willingness of civil service to whistle blow corruption in the government.

Keywords: corruption, whistle-blowing, motivation, reinforcement theory