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Performance Evaluation Act / Wang Wen-Jong

The civil servants and government authority are related by the structure of law with public service position. In other word, the relationship of civil servants and government authority is based on regulations rather than power. Although, the Civil Service Performance Evaluation Act (shorten to the Performance Evaluation Act) has amended several times since it was legislated by an original thinking of special power relationship between civil servants and government authority in 1986, that the special power relationship haven't be eliminated from enactment states especially about punishment. Thus, it is necessary to study punishment of the Performance Evaluation Act in depth.
It would be written remarks giving some criticizing on punitive action of the performance evaluation regulations as follows: the essential meaning of objects, principle of legality, capacity of condition, punish defense clause, limitation of time, punishment and criminal sentence or correction are existing concurrent, due process of punishment acting. The punishments inflicted on civil servants should be appropriate for the crime and capacity as well as according with its essence of regulation is expected. Then, the government authority can improve its new public image.

Keywords: Performance evaluation, Punishment, Limitation of time, Due process